Federal Trade Commission et al v. All Us Marketing LLC et al

Filing 55

STIPULATED PRELIMINARY INJUNCTION as to Defendants Fairiborz Fard, Shirin Imani, and Global Marketing Enterprises Inc.; granting 50 Motion for Entry of Proposed Preliminary Injunctions as to these three Defendants; and appointing Mark Bernet as Permanent Equity Receiver for Global Marketing Enterprises Inc.Signed by Judge John Antoon II on 7/7/2015. (EK)

UNITED STA TES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FEDERAL TRADE COMMISSION, and
STATE OF FLORIDA, OFFICE OF THE
ATTORNEY GENERAL, DEPARTMENT OF
LEGAL AFFAIRS,
Plaintiffs,
vs.
ALL US MARKETING LLC, f/k/a Payless
Solutions, LLC, a Florida corporation;
GLOBAL MARKETING ENTERPRISES INC.,
f/k/a Pay Less Solutions Inc., a Florida corporation;
GLOBAL ONE FINANCIAL SERVICES LLC, a
Florida corporation;
YOUR #1 SAVINGS LLC, a Florida corporation;
OV ADAA LLC, a Florida corporation;
ROY AL HOLDINGS OF AMERICA LLC, a
Florida corporation;
GARY RODRIGUEZ, individually and as an officer
of YOUR #1 SAVINGS LLC, and also d/b/a Global
Financial Services, LLC, Engineering Development
Enterprise LLC, and PBMS, LLC;
MARBEL RODRIGUEZ, individually and as an
officer of GLOBAL ONE FINANCIAL SERVICES
LLC, and also d/b/a American Bcsl Savings LLC,
and Americas First Source LLC;
CARMEN WILLIAMS, individually and as an
officer of OVADAA LLC;

Case No. 6:15 CV 1016-0RL-28GJK

JONATHAN PAULINO, individually and as an
officer of ROYAL HOLDINGS OF AMERICA
LLC;
FAIRIBORZ FARO, individually and as an officer
of GLOBAL MARKETING ENTERPRISES INC.
SHIRIN !MANI, individually and as an officer of
GLOBAL MARKETING ENTERPRISES INC. and
ALL US MARKETING LLC; and
ALEX SERNA, individually and as an officer of
ALL US MARKETING LLC, an<l also d/b/a GRR
FINANCIAL SERVICES LLC and AJC Global
Solutions LLC;
Defendants.

STIPULATED PRELIMINARY INJUNCTION
AS TO DEFENDANTS FAIRIBORZ FARD, SHffilN IMANI,
AND GLOBAL MARKETING ENTERPRISES INC.
Plaintiffs, Federal Trade Commission ("Commission" or "FTC") and the State of
Florida, filed their Complaint for Permanent Injunction and Other Equitable Relief
("Complaint"), pursuant to Sections I 3(b) and J9 of the Federal Trade Commission Act
("FTC Act"), I 5 U.S.C. §§ 53(b) and 57b, the Telemarketing and Consumer Fraud and
Abuse Prevention Act ("Telemarketing Act"), 15 U.S.C. §§ 6101-6108, and the Florida
Deceptive and Unfair Trade Practices Act ("FDUTPA"), Chapter 501, Prut Il, Florida
Statutes (2014 ), and moved ex parte for a temporary restraining order ("TRO") pursuant to
Rule 65 of the Federal Rules of Civil Procedure, fed. R. Civ. P. 65, which the Court granted
on June 22, 2015.
Plaintiffs and Defendants Global Marketing Enterprises Inc., Fairiborz Fard, and
Shirin Imani (collectively, "Stipulating Defendants") have consented to entry of this

2

Stipulated Preliminary Injunction. This Court, having considered Plaintiff.c;' motion for a
Preliminary Injunction and other cause appearing, finds that:
1.

This Court has jurisdiction over the subject matter of this case and jurisdiction

over the Stipulating Defendants;
2.

Venue properly lies with this Court;

3.

There is good cause to believe that the Stipulating Defendants have engaged

in, and are likely to engage in the future in, acts and practices that violate Section 5(a) of the
FTC Act, 15 U.S.C. § 4S(a); various provisions of the Telemarketing Sales Rule ("TSR"), 16
C.F.R. Part 310; and Section 501.204 of the FDUTPA, Chapter 501, Part II, Florida Statutes,
and that Plaintiffs are therefore likely to prevail on the merits of this action;
4.

There is good cause to believe that immediate and irreparable harm to the

Court's ability to grant effective final relief for consumers in the form of monetary restitution
will occur from the sale, transfer, or other disposition or concealment by Stipulating
Defendants of their assets or corporate records unless Stipulating Defendants are
immediately restrained and enjoined by Order of this Court. There is thus good cause for an
asset freeze and the appointment of a pem1anent receiver over corporate defendant Royal
Holdings of America LLC.

5.

Weighing the equities and considering Plaintiffs' likelihood of ultimate

success, a preliminary injunction is in the public interest.
6.

No security is required of any agency of the United States for issuance of a

preliminary inj\lnction. Fed. R. Civ. P. 65(c). No bond is required with respect to relief
requested pursuant this Court's Order entered on June 22, 2015.

3

DEFINITIONS
For purposes of this Stipu1ated Preliminary Injunction ("Order"), the following
definitions shall apply:
I.

"Asset" or "Assets" means any legal or equitable interest in, right to, or claim

to, any real or personal property, including, but not limited to, "goods," "instruments,"
"equipment," "fixtures," "general intangibles," "inventory," "checks," or "notes," (as these
terms are defined in the Uniform Commercial Code), lines of credit, chattels, leaseholds,
contracts, mail or other deliveries, shares of stock, lists of consumer names, accounts, credits,
premises, receivables, funds, and all cash, wherever located.
2.

"Assisting Others" includes, but is not limited to: (a) providing

administrative services, including, but not limited to, filing business registrations with
federal, state, or local government entities, establishing bank or merchant accounts, and/or
handling banking transactions; (b) acting as an officer, director, or registered agent of a
business entity; (c) establishing mail accounts or mail receiving boxes, and/or providing
mailing or printing services; (d) performing customer service functions, including, but not
limited to, forwarding mail received from consumers and/or receiving or responding to
consumer complaints; (e) fonnulating or providing, or arranging for the formulation or
provision of, any sales script or other marketing material; (f) providing names of, or assisting
in the generation of, potential customers; and (g) perfonning or providing marketing or
billing services of any kind, including, but not limited to, performing or providing
telemarketing services.

4

3.

"Individual Defendants" means Gary Rodriguez, Marbel Rodriguez, Carmen

Williams, Jonathan Paulino, Fairiborz Fard, Shirin Imani, and Alex Serna, and by whatever
other names each may be known.

4.

"Corporate Defendants" means All Us Marketing LLC, f/k/a Payless

Solutions, LLC, Global Marketing Enterprises Inc., f/k/a Pay Less Solutions Inc., Global One
Financial Services LLC, Your# I Savings LLC, OVADAA LLC, and Royal Holdings Of
America LLC, and their successors and assigns, as well as any subsidiaries, and any fictitious
business entities or business names created or used by these entities, or any of them.
5.

"Defendants" means all of the Individual Defendants and the Corporate

Defendants,- individually, collectively, or in any combination.
6.

"Document" or "Documents" means any materials listed in Federal Rule of

Civil Procedure 34(a), Fed. R. Civ. P. 34(a), and includes writings, drawings, graphs, charl",
photographs, audio and video recordings, computer records, and other data compilations
from which information can be obtained and translated, if necessary, through detection
devices into reasonably usable f01m. A draft or non-identical copy is a separate document
within the meaning of the term.
7.

"Financial Institution" means any bank, savings and loan institution, credit

union, or any financial depository of any kind, including, but not limited to, any brokerage
house, tmstcc, broker-dealer, escrnw agent, title company, commodity trading company, or
precious metal dealer.

5

8.

"National Do Not Call Registry" means the National Do Not Call Registry,

which is the "do-not-call" registry maintained by the Federal Trade Commission pursuant to
16 C.F.R. § 310.4(b)(I )(iii)(B).
9.

"Person" means a natural person, an organization or other legal entity,

including a corporation, partnership, sole proprietorship, limited liability company,
association, cooperative, or any other group or combination acting as an entity.

JO.

"Plaintiffs" means the Federal Trade Commission ("FTC" or "Commission")

and the State of Florida.
11.

"Stipulating Receivership Defendant" means Global Marketing Enterprises

Inc., and its successors and assigns, as well as any subsidiaries, and any fictitious business
entities or business names created or used by these entities.
12.

"Telemarketer" means any person who, in connection with telemarketing,

initiates or receives telephone calls to or from a customer or donor. 16 C.F.R. § 310.2(bb).
13.

"Telemarketing" means any plan, program, or campaign (whether or not

covered by the TSR, 16 C.F.R. Part 310) that is conducted to induce the purchase of goods or
services or a charitable contribution by use of one or more telephones.
I.

PROHIBITED BUSINESS ACTIVITIES
IT IS THEREFORE ORDERED that Stipulating Defendants, and their officers,
agents, servants, employees, attorneys, and all other persons in active concert or participation
with any of them, who receive actual notice of this Order by personal service or otherwise,
whether acting directly or through any trust, corporation, subsidiary, division, or other

6

device, in connection with the telemarketing, advertising, marketing, promoting, offering for
sale, sale, or provision of any good or service, arc hereby restrained and enjoined from:
A.

Misrepresenting, or assisting others in misrepresenting, directly or indirectly,

expressly or by implication, any material fact, including, but not limited to, that:
1.

Defendants will substantially reduce consumers' credit card interest

2.

Defendants will save consumers thousands of dollars in a short time as

rates;

a result of lowered credit card interest rates;
3.

Defendants will enable consumers to pay off their debts much faster,

typically three to five times faster, as a result of lowered credit card interest rates; and
4.

Defendants arc representatives of, or otherwise affiliated with,

consumers' banks or credit card companies;
B.

Causing billing information to be submitted for payment without having

obtained consumers' express infomtcd consent;
C.

Violating, or assisting others in violating, any provision of the Telemarketing

Sales Rule, 16 C.F.R. Part 310, including, but not limited to:

I.

Section 310.3(a)(2)(x) of the TSR, 16 C.F.R. § 310.3(a)(2)(x}, by

misrepresenting, directly or by implication, that:
a.

Defendants will substantially lower consumers' credit card

b.

Defendants will save consumers thousands of dollars in a

interest rates;

sho1t time as a result of lowered credit card interest rates; and

7

c.

Defendants will enable consumers to pay off their debts much

faster. typically three to five times faster, as a result of lowered credit card interest rates;
2.

Section 310.4 (a)(2)(vii) of the TSR, 16 C.F.R. § 310.4(a)(2)(vii), by

misrepresenting, directly or by implication, that Defendants are representatives of, or
otherwise affiliated with, consumers' banks or credit card companies;
3.

Section 310.4 (a)(S)(i) of the TSR, 16 C.F.R. § 310.4(a)(5)(i), by

requesting or receiving payment of any fee or consideration for debt relief services:
a.

before (i) they have renegotiated, settled, reduced, or

otherwise altered the terms of at least one debt pursuant to a settlement agreement, debt
management plan, or other such valid contractual agreement executed by the customer; and
(ii) the customer has made at least one payment pursuant to that agreement; and/or
b.

when, to the extent that debts enrolled in a service are

renegotiated, settled, reduced, or otherwise altered individually, the fee or consideration
either (i) does not bear the same proportional relationship to the total foe for renegotiating,
settling, reducing, or altering the tenns of the entire debt balance as the individual debt
amount bears to the entire debt amount, or (ii) is not a percentage of the amount saved as a
result of the renegotiation, settlement, reduction, or alteration and that percentage does not
change from one individual debt to another;
4.

Section 310.4(a)(7) oftheTSR, 16 C.F.R. § 310.4(a)(7), by causing

billing information to be submitted without the express informed consent of the consumer;
5.

Section 310.4(b)( I)(iii)(B) of the TSR, 16 C.F.R. § 310.4{b)(1 )(iii)(B),

by engaging, or causing others to engage, in initiating an outbound telephone call to a person

8

when that person's telephone number is on the National Do Not CalJ Registry;
6.

Section 310.4(b)(l)(iii)(A) of the TSR, 16 C.F.R. § 310.4(b)( I )(iii)( A),

by initiating, or causing others to initiate, an outbound telephone call to a person who
previously has stated that he or she does not wish to receive an outbound telephone call made
by or on behalf of the seller whose goods or services are being offered;
7.

Section 310.4(a)(8) of the TSR, 16 C.F.R. § 310.4(a)(8), by failing to

transmit or cause to be transmitted the telephone number and name of the telemarketer or
seller to any caller identification service in use by a recipient of a telemarketing call;
8.

Section 310.4(b)(l)(v)(A)(i) of the TSR,

16 C.F.R. § 310.4(b)(l)(v)(A). by initiating, or causing others to initiate, an outbound
telephone call that delivers a prerecorded message to induce the purchase of any good or
service, unless the seller has obtained from the recipient of the call an express agreement, in
writing, that:
a.

The seller obtained only after a clear and conspicuous

disclosure that the purpose of the agreement is to authorize the seller to place prerecorded
calls to such person;
b.

The seller obtained without requiring, directly or indirectly.

that the agreement be executed as a condition of purchasing any good or service;
c.

Evidences the willingness of the recipient of the call to

receive calls that deliver prerecorded messages by or on behalf of a specific seller; and
d.
9.

Includes such person's telephone number and signature;

Section 310.4(d)(l ), (2) and (3) of the TSR, 16 C.F.R. § 310.4(d)(1 ),

9

(2) and (3), by failing to disclose truthfully, promptly and in a clear and conspicuous manner
the identity of the seller, that the purpose of the call is to sell goods or services, and the
nature of the goods or services; and
I 0.

Section 310.4(b)(I )(v)(B)(ii) of the TSR,

16 C.F.R. § 310.4(b)(l)(v)(B)(ii), by initiating, or causing others to initiate, outbound
telephone calls delivering prerecorded messages that do not promptly provide the disclosures
required by Section 310.4(d) of the TSR.
II.

ASSET FREEZE
IT IS FURTHER ORDERED that Stipulating Defendants, and their officers, agenlr;,
servants, employees, attorneys, and all other persons in active concert or participation with
any of them, who receive actual notice of this Order by personal service or otherwise,
whether acting directly or through any trust, corporation, subsidiary, division, or other
device, except as provided herein, as stipulated by the parties, or as directed by further order
of the Court, are hereby restrained and enjoined from:
A.

Transferring, liquidating, converting, encumbering, pledging, loaning, selling,

concealing, dissipating, disbursing, assigning, spending, withdrawing, granting a lien or
security interest or other interest in, or otherwise disposing of any funds, real or personal
property, accounts, contracts, shares of stock, lists of consumer names, or other assets, or any
interest therein, wherever located, including outside the territorial United States, that are:
I.

Owned, controlled, or held by, in whole or in part, for the benefit of, or

subject to access by, or belonging to, any Defendant;

10

2.

In the actual or constructive possession of any Defendant; or

3.

In the actual or constmctive possession of, or owned, controlled, or

held by, or subject to access by, or belonging to, any other corporation, partnership, trust, or
any other entity directly or indirectly owned, managed, or controlled by, or under common
control with, any Defendant, including, but not limited to, any assets held by or for any
Defendant in any account at any bank or savings and loan institution, or with any credit card
processing agent, automated clearing house processor, network transaction processor, bank
debit processing agent, customer service agent, commercial mail receiving agency, or mail
holding or forwarding company, or any credit union, retirement fund custodian, money
market or mutual fund, storage company, trustee, or with any broker-dealer, escrow agent,
title company, commodity trading company, precious metal dealer, or other financial
institution or depository of any kind, either within or outside the territorial United States;
B.

Opening or causing to be opened any safe deposit boxes, commercial mail

boxes, or storage facilities titled in the name of any Defendant, or subject to access by any
Defendant or under any Defendant's conh·ol, without providing Plaintiffs prior notice and an
opportunity to inspect the contents in order to determine that they contain no assets covered
by this Section;

C.

Cashing any checks or depositing or processing any payments from customers

of Defendants;
D.

Incurring charges or cash advances on any credit card issued in the name,

singly or jointly, of any Defendant; or

11

E.

Incurring liens or encumbrances on real property, personal property. or other

assets in the name, singly or jointly, of any Defendant or of any corporation, partnership, or
other entity directly or indirectly owned, managed, or controlled by any Defendant.
Notwithstanding the asset freeze provisions of Section JI.A through E above, and
subject to prior written agreement with the Commission, Individual Defendants Fairiborz
Fard and Shirin Imani may, upon compliance with Section IV (Financial Statements) i11fra,
pay from their individual personal funds reasonable, usual, ordinary, and necessary living
expenses.
The funds, property, and assets affected by this Section shall include both existing
assets and assets acquired after the effective date of this Order.

III.

DUTIES OF TIDRD PARTIES HOLDING STIPULATING DEl<,ENDANTS' ASSETS
IT IS FURTHER ORDERED that any financial institution, business entity, or
person maintaining or having custody or control of any account or other asset of any
Stipulating Defendant, or any corporation, partnership, or other entity directly or indirectly
owned, managed, or controlled by, or under common control with any Stipulating Defendant,
which is served with a copy of this Order, or otherwise has actual or constructive knowledge
of this Order, shall:

A.

Hold and retain within its control and prohibit the withdrawal, removal,

assignment, transfer, pledge, hypothecation, encumbrance, disbursement, dissipation,
conversion, sale, liquidation, or other disposal of any of the assets, funds, documents, or
other property held by, or under its control:

12

I.

On behalf of, or for the benefit of, any Stipulating Defendant or any

other party subject to Section II above;
2.

In any account maintained in the name of, or M>r the benefit of, or

subject to withdrawal by, any Stipulating Defendant or other party subject to Section II
above; and
3.

That are subject to access or use by, or under the signatory power of,

any Stipulating Defendant or other party subject to Section II above;
B.

Deny Stipulating Defendants access to any safe deposit boxes or storage

facilities that are either:
I.

Titled in the name, individually or jointly, of any Defendant, or other

party subject to Section lJ above; or
2.

Subject to access by any Defendant or other party su~ject to Section II

above;
C.

Provide Plaintiffs, within five (5) days of the date of service of this Order, a

sworn statement setting forth:
I.

The identification number of each account or asset titled in the name,

individually or jointly, of any Stipulating Defendant, or held on behalf of, or for the benefit
of, any Stipulating Defendant or other party subject to Section II above, including all trust
accounts managed on behalf of any Stipulating Defendant or subject to any Stipulating
Defendant's control;
2.

The balance of each such account, or a description of the nature and

value of such asset;

13

3.

The identification and location of any safe deposit box, commercial

mail box, or storage facility that is either titled in the name, individually or jointly, of any
Stipulating Defendant, or is otherwise subject to access or control by any Stipulating
Defendant or other party subject to Section II above, whether in whole or in pa1t; and
4.

If the account, safe deposit box, storage facility, or other asset has

been closed or removed, the date closed or removed and the balance on said date;
D.

Within five (5) days of a request from any Plaintiff, provide Plaintiffs with

copies of all records or other documents pertaining to each such account or asset, including,
but not limiled to, originals or copies of account applications, account statements, corporate
resolutions, signature cards, checks, drafts, deposit tickets, transfers to and from the accounts,
all other debit and credit instruments or slips, currency transaction reports, I 099 forms, and
safe deposit box logs; and
E.

Plaintiffs may properly serve this Order on any financial or brokerage

institution, business entity or person that holds, controls or maintains custody of any account
or Asset of any Stipulating Defendant or has held, controlled or maintained custody of any
account or Asset of any Stipulating Defendant at any time since August 2011, by facsimile
transmission, hand delivery or overnight carrier.
F.

This Section shall apply to existing accounts and assets, assets deposited or

accounts opened aft.er the effective date of this Order, and any accounts or assets maintained,
held or controlled three years prior to the cffectivc date of this Order. This Section shall not
prohibit transfers in accordance with any provision of this Order, any further order of the
Court, or by written agreement of the parties.

14

IV.
FINANCIAL STATEMENTS
IT IS FURTHER ORDERED that each Stipulating Defendant shall serve upon
counsel for Plaintiffs, unless previously submitted in full compliance with the TRO, no later
than five (5) business days after entry of this Order, a completed financial statement, accurate
as of the date of entry of this Order, on the forms served on Defendants with this Order for
Individual Defendants and for Corporate Defendants, as the case may be, signed under
penalty of perjury.
The financial statements shall include assets held outside the territory of the United
States, shall be accurate as of the date of the entry of this Order, and shall be verified under
oath. Stipulating Defendants shall attach to these completed financial statements copies of
all local, state, provincial, and federal income and property tax returns, with attachments and
schedules, as called for by the instructions to the financial statements.

v.
MAINTAIN RECORDS AND REPORT NEW BUSINESS ACTIVITY
IT IS FURTHER ORDERED that Stipulating Defendants, and their officers, agents,
servants, employees, attorneys, and all other persons in active conce11 or paiticipation with
any of them, who receive actual notice of this Order by personal service or otherwise,
whether acting directly or through any trust, corporation, subsidiary, division, or other
device, are hereby restrained and enjoined from:
A.

Failing to make and keep books, records, accounts, bank statements, current

accountants' reports, general ledgers, general journals, cash receipts ledgers, cash

15

disbursements ledgers and source documents, documents indicating title to real or personal
property, and any other data which, in reasonable detail, accurately and fairly reflect the
incomes, disbursements, transactions, dispositions, and uses of Stipulating Defend ants'
assets;

B.

Destroying, erasing, mutilating, concealing, altering, transferring, or otherwise

disposing of, in any manner, directly or indirectly, any documents, including electronically
stored materials, that relate in any way to the business practices or business or personal
finances of Defendants; to the business practices or finances of entities directly or indirectly
under the control of Defendants; or to the business practices or finances of entities directly or
indirectly under common control with any other Defendant; and
C.

Creating, operating, or exercising any control over any new business entity,

whether newly formed or previously inactive, including any partnership, limited partnership,
joint venture, sole proprietorship or corporation, without first providing Plaintiffs with a
written statement disclosing: ( l) the name of the business entity; (2) the address, telephone
number, e-mai I address, and website address of the business entity; (3) the names of the
business entity's officers, directors, principals, managers, and employees; and (4) a detailed
description of the business entity's intended activities.

VI.

PROHIBITION ON DISCLOSING CUSTOMER INFORMATION
IT IS FURTHER ORDERED that Stipulating Defendant'>, and their officers, agents,
servants, employees, attorneys, and all other persons or entities in active concert or
participation with any of them, who receive actual notice of this Order by personal service or

16

otherwise, whether acting directly or through any trust, corporation, subsidiary, division, or
other device, are hereby restrained and enjoined from:
A.

Selling, renting, leasing, transferring, or otherwise disclosing the name,

address, birth date, telephone number, e-mail address, Social Security number, credit card
number, bank account number, or other financial or identifying personal infonnation of any
person from whom or about whom any Defendant obtained such infonnation in connection
with activities alleged in Plaintiffs' Complaint; and
B.

Benefiting from or using the name, address, birth date, telephone number, e-

mail address, Social Security number, credit card number, bank account number, or other
financial or identifying personal infonnation of any person from whom or about whom any
Defendant obtained such infonnation in connection with activities alleged in Plaintiffs'
Complaint;

Provided, however, that Stipulating Defendants may disclose such financial or
identifying personal information to a law enforcement agency or as required by any law,
regulation, or cou11 order.

VII.
PERMANENT RECEIVER
A. APPOINTMENT OF PERMANENT RECEIVER
IT IS FURTHER ORDERED that Mark Bernet, Esq. is appointed Pe1n1ancnt
Equity Receiver ("Receiver") for the Stipulating Receivership Defendant and any of its
affiliates, subsidiaries, divisions, or sales or customer service operations, wherever located,
with the full power of an equity receiver. The Receiver shall be the agent of this Court, and

17

solely the agent of this Court, in acting as Receiver under this Order. The Receiver shall be
accountable directly to this Court. The Receiver shall comply with all Local Rules of this
Court goyerning receivers.

B. RECEIVERSHIP DUTrES
IT IS FURTHER ORDERED that the Receiver is directed and authorized to
accomplish the following:
1.

Assume full control of the Stipulating Receivership Defendant by

removing, as the Receiver deems necessary or advisable, any director, officer, employee,
independent contractor, or agent of the Corporate Defendants, including any Individual
Defendant, from control of, management of, or participation in, the affairs of the Stipulating
Receivership Defendant;
2.

Take exclusive custody, control, and possession of all assets and

documents of, or in the possession, custody, or under the control of, the Stipulating
Receivership Defendant, wherever situated. The Receiver shall have full power to divert
mail and to sue for, collect, receive, take in possession, hold, and manage all assets and
documents of the Stipulating Receivership Defendant and other persons or entities whose
interests are now held by or under the direction, possession, custody, or control of the
Stipulating Receivership Defendant. Provided, however, that the Receiver shall not attempt
to collect any amount from a consumer or to allow the Stipulating Receivership Defendant to
continue to debit or otherwise charge a consumer's account, if the Receiver believes the
consumer was a victim of the unfair or deceptive acts or practices alleged in the Complaint in
this matter;

IR

3.

Use any means necessary to take possession of and to secure all areas

of the business premises of the Stipulating Receivership Defendant. Such steps may include,
but are not limited to, the following as the Receiver deems necessary or advisable: (a)
serving this Order; (b) completing a written inventory of all receivership assets; (c) obtaining
pertinent infonnation from all employees and other agents of the Stipulating Receivership
Defendant, including, but not limited to, the name, home address, Social Security number,
job description, method of compensation, and all accrued and unpaid commissions and
compensation of each such employee or agent; (d) videotaping all portions of the locations;
(e) securing the locations by changing the locks and disconnecting any computer modems or
other means of access to the computer or other records maintained at the locations; (f)
requiring any persons present on the premises at the time this Order is served to leave the
premises, to provide the Receiver with proof of identification, or to demonstrate to the
satisfaction of the Receiver that such persons are not removing from the premises documents
or assets of the Stipulating Receivership Defendant; and/or (g) employ the assistance of Jaw
enforcement officers as the Receiver deems necessary to implement the provisions of this
Order;
4.

Conserve, hold, and manage all receivership assets, and perfonn all

acts necessary or advisable to preserve the value of those assets, in order to prevent any
irreparable Joss, damage, or injury to consumers or to creditors of the Stipulating
Receivership Defendant, including, but not limited to, obtaining an accounting of the assets
and preventing transfer, withdrawal, or misapplication of assets, and including the authority

19

to liquidate or close out any open securities or commodity futures positions of the Stipulating
Receivership Defendant;
5.

Enter into contracts and purchase insurance as advisable or necessary;

6.

Prevent the inequitable distribution of assets and determine, adjust,

and protect the interests of consumers and creditors who have transacted business with the
Stipulating Receivership Defendant;
7.

Manage and administer the business of the Stipulating Receivership

Defendant until further order of this Court by performing all incidental acts that the Receiver
deems to be advisable or necessary, which includes retaining, hiring, or dismissing any
employees, independent contractors, or agents;
8.

Choose, engage, and employ attorneys, accountants, appraisers, and

other independent contractors and technical specialists, as the Receiver deems advisable or
necessary in the performance of duties and responsibilities under the authority granted by this
Order;
9.

Make payments and disbursements from the receivership estate that

are necessary or advisable for carrying out the direction~ of, or exercising the authority
granted by, this Order. The Receiver shall apply to the Court for prior approval of any
payment of any debt or obligation incurred by the Stipulating Receivership Defendant prior
to the date of entry of this Order, except payments that the Receiver deems necessary or
advisable to secure assets of the Stipulating Receivership Defendant, such as rental
payments;

20

10.

Determine and implement the ma1U1er in which the Stipulating

Receivership Defendant will comply with, and prevent violations of, this Order and all other
applicable laws;

11.

Institute, compromise, adjust, appear in, intervene in, or become party

to such actions or proceedings in state, federal or foreign courts that the Receiver deems
necessary and advisable to preserve or recover the assets of the Stipulating Receivership
Defendant or that the Receiver deems necessary and advisable to carry out the Receiver's
mandate under this Order;
12.

Defend, compromise, adjust, or otherwise dispose of any or all actions

or proceedings instituted in the past or in the future against the Receiver in his or her role as
Receiver, or against the Stipulating Receivership Defendant that the Receiver deems
necessary and advisable to presctve the assets of the Stipulating Receivership Defendant or
that the Receiver deems necessary and advisable to cany out the Receiver's mandate under
this Order;
13.

Continue and conduct the business of the Stipulating Receivership

Defendant in such manner, to such extent, and for such duration as the Receiver may in good
faith deem to be necessary or approp1iate to operate the business profitably am.I lawfully, if al
all; provided, however, that the continuation and conduct of the businesses shall be
conditioned upon the Receiver's good faith determination that the business can be lawfu11y
opernted at a profit using the assets of the receivership estate;
14.

Issue subpoenas to obtain documents and records pertaining to the

receivership, and conduct discovery in this action on behalf of the receivership estate;

21

15.

Open one or more bank accounts as designated depositories for funds

of the Stipulating Receivership Defendant. The Receiver shall deposit all funds of the
Stipulating Receivership Defendant in such a designated account and shall make all
payments and disbursements from the receivership estate from such an account;

16.

Maintain accurate records of all receipts and expenditures that he or

she makes as Receiver;

17.

Cooperate with reasonable requests for information or assistance from

any state or federal law enforcement agency, including Plaintiffs; and

18.

File reports with the Court on a timely and reasonable basis.

C. COOPERATION WITH THE RECEIVER
IT IS FURTHER ORDERED that:
1.

Stipulating Defendants and their officers, agents, servants, employees,

and attorneys, and all other persons in active concert or participation with any of them, who
receive actual notice of this Order by personal service or otherwise, whether acting directly
or through any trust, corporation, subsidiary, division, or other device, shall fully cooperate
with and assist the Receiver. This cooperation and assistance shall include, but not be
limited to:
a.

Providing any information to the Receiver that the Receiver

deems necessary to exercising the authority and discharging the responsibilities of the
Receiver under this Order;
b.

Providing any password required to access any computer,

electronic file, or telephonic data in any medium; or

22

c.

Advising all persons who owe money to the Stipulating

Receivership Defendant that all debts should be paid directly to the Receiver.
2.

Defendants and their officers, agents, servants, employees, and

attorneys, and all other persons in active concert or p1111icipation with any of them, who
receive actual notice of this Order by personal service or otherwise, whether acting directly
or through any trust, corporation, subsidiary, division, or other device, are hereby restrained
and enjoined from directly or indirectly:
a.

Transacting any of the business of the Stipulating Receivership

b.

Destroying, secreting, defacing, transferring, or otherwise

Defendant;

altering or disposing of any documents of the Stipulating Receivership Defendant, including,
but not limited to, hooks, records, accounts, writings, drawings, graphs, charts, photographs,
audio and video recordings, computer records, and other data compilations, electronically·
stored records, or any other records of any kind or nature;
c.

Transferring, receiving, altering, selling, encumbering,

pledging, assigning, liquidating, or otherwise disposing of any assets owned, controlled, or in
the possession or custody of, or in which an interest is held or claimed by, the Stipulating
Receivership Defendant, or the Receiver;
d.

Excusing debts owed to the Stipulating Receivership

e.

Failing to notify the Receiver of any asset, including accounts,

Defendant;

of the Stipulating Receivership Defendant held in any name other than the name of the

23

Stipulating Receivership Defendant, or by any person or entity other than the Stipulating
Receivership Defendant, or failing to provide any assistance or info1mation requested by the
Receiver in connection with obtaining possession, custody, or control of such assets;
f.

Doing any act or refraining from any act whatsoever to

interfere with the Receiver's taking custody, control, possession, or managing of the assets or
documents subject to this receivership; or to harass or interfere with the Receiver in any way;
or to interfere in any manner with the exclusive jurisdiction of this Court over the assets or
documents of the Stipulating Receivership Defendant; or to refuse to cooperate with the
Receiver or the Receiver's duly authorized agents in the exercise of their duties or authority
under any Order of this Court; or
g.

Filing, or causing to be filed, any petition on behalf of the

Stipulating Receivership Defendant for relief under the United States Bankruptcy Code, 11
U.S.C. § 101 ct seq., without prior permission from this Court.

D. DELIVERY OF RECEIVERSHIP PROPERTY
IT JS FURTHER ORDERED that:

1.

Immediately upon entry of this Order, or within such period as may be

permitted by the Receiver, Defendants or any other person or entity shall transfer or deliver
possession, custody, and control of the following to the Receiver:
a.

All assets of the Stipulating Receivership Defendant, including

assets subject to repatriation pursuant to Section IX, infra;
b.

All documents of the Stipulating Receivership Defendant,

including, but not limited to, books and records of accounts, all financial and accounting

24

records, balance sheets, income statements, bank records (including monthly statements,
canceled checks, records of wire transfers, and check registers), client lists, title documents
and other papers;
c.

All assets belonging to members of the pub1ic now held by the

Stipulating Receivership Defendant; and
d.

All keys, codes, and passwords necessary to gain or to secure

access to any assets or documents of the Stipulating Receivership Defendant, including, but
not limited to, access to their business premises, means of communication, accounts,
computer systems, mail boxes, or other property. This includes providing the necessary
means to gain access to commercial mail boxes.
2.

In the event any person or entity fails to deliver or transfer any

receivership asset or document or otherwise fails to comply with any provision of this
Section, the Receiver may file ex pa rte an Affidavit of Non-Compliance regarding the
failure. Upon filing of the affidavit, the Court may authorize, without additional process or
demand, Writs of Possession or Sequestration or other equitable writs requested by the
Receiver. The writs shall authorize and direct the United States Marshal or any sheriff or
deputy sheriff of any county, or any other federal or state law enforcement officer, to seize
the asset, document, or other thing and to deliver it lo the Receiver.

E. TRANSFER OF FUNDS TO THE RECEIVER
IT IS FURTHER ORDERED that, upon service of a copy of this Order, all
financial institutions, finance companies, commercial lending companies, credit card
processing agents or agents providing electronic funds transfer services or automated

25

clearing house processing, brokerage houses, escrow agents, money market or mutual funds,
title companies, commodity futures merchants, commodity trading companies, precious
metal dealers, trustees, or other financial institutions or depositories of any kind, shall
cooperate with all reasonable requests of the Receiverrelating to implementation of this
Order, including transferring funds at his or her direction and producing records related to the
assets of the Stipulating Receivership Defendant.

F. STAY OF ACTIONS
IT JS FURTHER ORDERED that:
l.

Except by leave of this Court, during pendency of the receivership

ordered herein, Defendants and all other persons and entities be and hereby are stayed from
taking any action to establish or enforce any claim, right, or interest for, against, on behalf of,
in, or in the name of, the Stipulating Receivership Defendant, any of its subsidiaries,
affiliates, partnerships, assets, documents, or the Receiver or the Receiver's duly authorized
agents acting in their capacities as such, including, but not limited to, the following actions:
a.

Commencing, prosec'uting, continuing, entering, or enforcing

any suit or proceeding, except that such actions may be filed to toll any applicable statute of
limitations;
b.

Accelerating the due date of any obligation or claimed

obligation; filing, perfecting or enforcing any lien; taking or attempting to take possession,
custody, or control of any asset; attempting to foreclose, forfeit, alter, or tenuinate any
interest in any asset, whether such acts arc part of a judicial proceeding, are acts of self-help,
or otherwise, or setoff of any debt owing to the Stipulating Receivership Defendant that arose

26

before the dale of this Order against any claim against the Stipulating Receivership
Defendant;
c.

Executing, issuing, serving, or causing the execution, issuance

or service of, any legal process, including, but not limited to, attachments, garnishments,
subpoenas, writs of replevin, writs of execution, or any other form of process whether
specified in this Order or not; or
d.

Doing any act or thing whatsoever to interfere with the

Receiver talcing custody, control, possession, or management of the assel'i or documents
subject to this receivership, or to harass or interfere with the Receiver in any way, or to
interfere in any manner with the exclusive jurisdiction of this Court over the assets or
documents of the Stipulating Receivership Defendant.
2.

This Order does not stay:
a.

The commencement or continuation of a criminal action or

b.

The commencement or continuation of an action or proceeding

proceeding;

by a governmental unit to enforce such govemmcntal unit's police or regulatory power; or
c.

The enforcement of a judgment, other than a money judgment,

obtained in an action or proceeding by a governmental unit to enforce such governmental
unit's police or regulatory power.
3.

Except as otherwise provided in this Order, all persons and entities in

need of documentation from the Receiver shall in all instances first allcmpt to secure such
information by submitting a formal written request to the Receiver, and, if such request has

27

not been responded to within thirty (30) days of receipt by the Receiver, any such person or
entity may thereafter seek an Order of this Court with regard to the relief requested.

G. COMPENSATION OF RECEIVER
IT IS FURTHER ORDERED that the Receiver and all personnel hired by the
Receiver as herein authorized, including counsel to the Receiver and accountants, are entitled
to reasonable compensation for the performance of duties pursuant to this Order and for the
cost of actual out-of-pocket expenses incurred by them, from the assets now held by, or in the
possession or control of, or which may be received by the Stipulating Receivership
Defendant. The Receiver shall file with the Court and serve on the parties periodic requests
for the payment of such reasonable compensation, with the first such request filed no more
than sixty (60) days after the date of this Order. The Receiver shall not increase the hourly
rates used as the bases for such fee applications without prior approval of the Court.
H. RECEIVER'S BOND

IT IS FURTHER ORDERED that the Receiver is not required to enter a bond,
conditioned that the Receiver will well and truly perform the duties of the office and abide by
and perfonn all acts the Court directs.

VIII.
ACCESS TO BUSINESS PREMISES

IT IS FURTHER ORDERED that Stipulating Defendants, and their officers, agents,
servants, employees, and attorneys, and all other persons in active concert or participation
with any of them, who receive actual notice of this Order by personal service or othe1wise,
whether acting directly or through any trust, corporation, subsidiary, division, or other

28

device, and the Receiver, shall allow Plaintiffs' representatives, agents, and assistants, as
well as the Stipulating Receivership Defendant's representatives, and the Individual
Defendants themselves, reasonable access to all of Stipulating Receivership Defendant's
business premises, or any other premises where the Stipulating Receivership Defendant
conduct business or customer service operations. Such locations include, but are not limited
to, 5104 N. Orange Blossom Trail #200, Orlando, Florida 32810, 8803 Futures Drive #10,
Orlando, Florida 32819, and 1200 W. State Road 434, Suites 216 and 226, Longwood,
Florida 32750.
The purpose of this access shall be to inspect and copy any and all books, records,
documents, accounts, and other property owned by, or in the possession of, the Stipulating
Receivership Defendant or its agents. The Receiver shall have the discretion to determine
the time, manner, and reasonable conditions of such access. Plaintiffs may remove materials
from the Stipulating Receivership Defendant's business premises to inspect, inventory, and
copy such materials. Plaintiffs shall return materials so removed within five (5) business
days of completing said inventory and copying. Plaintiffs' access to the Stipulating
Receivership Defendant's documents pursuant to this Section shall not provide grounds for
any Defendant to object lo any subsequent request for documents served by any Plaintiff

JX.
REPATRIATION OF ASSETS AND DOCUMENTS
IT IS FURTHER ORDERED thal Stipulating Defendants shall:
A.

Unless previously completed in full compliance with the TRO, within three

(3) business days following entry of this Order, take such steps as are necessary to repatriate

29

to the territory of the United States of America all documents and assets that are located
outside such territory and arc held by or for Stipulating Defendants or arc under Stipulating
Defendants' direct or indirect control, jointly, severally, or individually;
B.

Unless previously completed in full compliance with the TRO, within three

(3) business days following entry of this Order, provide Plaintiffs with a full accounting of all
documents and assets that are located outside of the territory of the United States of America
or that have been transferred to the territory of the United States of America pursuant to
Subsection A above and are held by or for any Stipulating Defendant or are under any
Stipulating Defendant's direct or indirect control, jointly, severalJy, or individually, including
the names and addresses of any foreign or domestic financial institution or other entity
holding the documents and assets, along with the account numbers and balances;
C.

Hold and retain all such documents and asset'\ and prevent any transfer,

disposition, or dissipation whatsoever of any such documents or assets; and
D.

Unless previously completed in full compliance with the TRO, within three

(3) business days following entry of this Order, provide Plaintiffs access to Stipulating
Defendants' records and documents held by financial institutions or other entities outside the
territory of the United States of America, by signing and delivering to Plaintiffs' counsel the
Consent to Release of Financial Records attached to this Order as Attachment A.

x.
INTERFERENCE WITH REPATRIATION
IT JS FURTHER ORI>ERl.t:D that Defendants arc hereby restrained and enjoined

from taking any action, directly or indirectly, which may result in the encumbrance or

30

dissipation of foreign assets, or in the hindrance of the repatriation required by the preceding
Section IX of this Order, including, but not limited to:
A.

Sending any statement, letter, facsimile, e-mail or wire transmission, or

telephoning or engaging in any other act, directly or indirectly, that results in a determination
by a foreign trustee or other entity that a "duress" event has occurred under the terms of a
foreign trust agreement, until such time that assets have been fully repatriated pursuant to the
preceding Section of this Order; and

R.

Notifying any tmstce, protector or other agent of any foreign trust or other

related entities of either the existence of this Order, or of the fact that repatriation is required
pursuant to a Court Order, until such time as assets have been fully repatriated pursuant to
the preceding Section of this Order.

XI.
EXPEDITED DISCOVERY
IT IS FURTHER ORDERED that pursuant to Federal Rules of Civil Procedure
30(a), 3 l(a), 34, and 45, and notwithstanding the provisions of Federal Rules of Civil

Procedure 26(d) and (f), 30(a)(2)(A), and 31 (a)(2)(A), the parties are granted leave, at any
time after entry of this Order to:
A.

Take the deposition of any person, whether or not a party, for the pUJllOSe of

discovering the nature, location, status, and extent of the assets of Stipulating Defendants,
and Stipulating Defendants' affiliates and subsidiaries; the nature and location of documents
reflecting the business transactions of Stipulating Defendants, and Stipulating Defendants'

affiliates and subsidiaries; the location of any premises where Stipulating Defendants,

31

directly or through any third party, conduct business operations; the Stipulating Defendants'
whereabouts; and/or the applicability of any evidentiary privileges to this action; and
B.

Demand the production of documents from any person, whether or not a party,

relating to the nanll"e, status, and extent of the assets of Stipulating Defendants, and
Stipulating Defendants' affiliates and subsidiaries; the nature and location of documents
reflecting the business transactions of Stipulating Defendants, and Stipulating Defendants'
affiliates and subsidiaries; the location of any premises where Stipulating Defendants,
directly or through any third party, conduct business operations; the Stipulating Defendants'
whereabouts; and/or the applicability of any evidentiary privileges to this action.
Three (3) days notice shall be deemed sufficient for any such deposition, five (5) days
notice shall be deemed sufficient for the production of any such documents, and twenty-four
(24) hours notice shall be deemed sufficient for the production of any such documents that
arc maintained or stored only as electronic data. The provisions of this Section shall apply
both to parties to this case and to non-parties. The limitations and conditions set forth in
Federal Rules of Civil Procedure 30(a)(2)(A)(ii) and 31(a)(2)(A)(ii) regarding subsequent
depositions of an individual shall not apply to depositions taken pursuant to this Section.
Any such depositions taken pursuant to this Section shall not be counted toward any Jimit on
the number of depositions under the Federal Rules of Civil Procedure, including those set
fo11h in Federal Rules of Civil Procedure 30(a)(2)(A) and 31 (a){2)(A). Service of discovery
upon a party, taken pursuant to this Section, shall be sufficient if made through the means
described in Section Xlll of this Order.

32

XII.
DISTRIBUTION OF ORDER BY STIPULATING DEFENDANTS
IT IS FURTHER ORDERED that Stipulating Defendants shall immediately
provide a copy of this Order to each of their corporations, subsidiaries, affiliates, partners,
divisions, sales entities, successors, assigns, members, officers, directors, employees,
independent contractors, agents, servants, attorneys, spouses, representatives, and any other
persons in active concert or participation with them. Within five (5) calendar days following
entry of this Order, Stipulating Defendant<; shall file with this Court and serve on Plaintiffs an
affidavit identifying the name, title, addresses, telephone numbers, date of service, and
maruter of service of the persons and entities Stipulating Defendants have served with a copy
of this Order in compliance with this provision.

XIII.
SERVICE OF THIS ORDER
IT IS

FURTHEI~

ORDKRED that copies of this Order may be distributed by United

States First Class Mail, overnight delivery, facsimile, electronic mail, or personally, by
agents or employees of Plaintiffs, by agents or employees of the Receiver, by any law
enforcement agency, or by private process server, upon any person, financial institution, or
other entity that may have possession or control of any property, property right, document, or
asset of any Stipulating Defendant, or that may be subject to any provision of this Order.
Service upon any branch or office of any financial institution or entity shall effect service
upon the entire financial institution or entity.

33

XIV.
CONSUMER REPORTING AGENCIES
IT IS FURTHER ORDERED that, pursuant to Section 604 of the Fair Credit

Reporting Act, 15 U.S.C. § 1681 b, any consumer reporting agency may furnish a consumer
or credit report concerning any Stipulating Defendant to Plaintiffs.

xv.
CORRESPONDENCE WITH AND NOTICE TO PLAINTIFFS
IT IS FURTHER ORDERED that for purposes of this Order, all correspondence

and pleadings to the Federal Trade Commission shall be addressed to:
James Davis
John Hallerud
Elizabeth Scott
Federal Trade Commission
55 West Monroe Street, Suite l 825
Chicago, Illinois 60603
[phone] (Telephone]
[phone] (Facsimile]
All correspondence and pleadings to the State of Florida, Office of the Attorney General,
shall be addressed to:
Denise Beamer
Assistant Attorney General
Office of the Attorney General
Consumer Protection Division
135 W. Central Boulevard, Suite 1000
Orlando, Florida 32801
[phone] {Telephone]
[phone] [Facsimile]

34

XVI.
RETENTION OF JURJSDJCTION
IT IS FURTHER ORDERED that this Court shall retain jurisdic1ion of this matter

fo r all purposes.

SO STIPULATED:

JONATHAN E. NUl:.CHTERLEIN
General Counsel

-,

~J' .,
Dated: ---"_ _ ~--_ __,, 2015
v l
<-

Federal Trade Commission, Midwes1 Region
55 West Monroe Street, Suite l 825
Chicago, Illinois 60603
Telephone: [phone]
Facsi mile: (3 12) 960-5600
Email: dotoole@flc. gov; [e-mail]
Anorneys for Plaintiff
FEDERAL TRADE COMMISSION

35

PAMELA JO BONDI
Attorney General
State of Florida

Dated:.~1 l..-

,2015

_ JJ.e._, ~ 'S~- 8QAr..e/2 JH.3.Y/

DENISE BEAMER
r
Assistant Attorney General
Florida Bar# 69369
Email: [e-mail]
Office of the Attorney General
Consumer Protection Division
135 W. Central Blvd., Suite 1000
Orlando, Florida 32801
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL

Dated:

_]JJ__________ .201 S

+

1

--··---T- ----'-- -- ·-· ____

-1 ~L,,,,
f-:.,______

FAIRIBORZ FAIW~ prose, individually and as
an officer of GLOBAL MARKETING
ENTERPRISES INC.

Dated:

,Jd/j_/_i:__ _/_. 2015

36

ATTACHMENT A

UNITED STATES DISTRICT COURT
Ji'OR THE MIDDLE DISTRJCT OF FLORIDA
ORLANDO DIVISION
-·

---· --· - - - - - - -

FEDERAL TRADE COMMISSION, and
STATE OF FLORIDA, OFFICE OF THE
AITORNEY GENERAL, DEPARTMENT OF
LEGAL AFFAIRS,
Plaintiffs,

)
)
)
)
}
)
)

) Civil No. 6:15 CV 1016-0RL-28GJK

v.

ALL US MARKETING LLC, et al.,
Defendants.

)
)
)
)
)
)
)

CONSENT TO RELEASE OF FINANCIAL INFORMATION

. -.------· _.oc _
_c~filfl~fr:-._ Cc·L>a1/ (Oii.an do)

er-

7

(city or province and country), do hereby direct any person, bank, savings and loan
association, credit union, depository institution, finance company, commercial lending
company, payment processor, payment processing entity, common carrier, customs broker,
commercial mail receiving agency, mail holding and/or forwarding company, brokerage
house, escrow agent, money market or mutual fund, title company, commodity trading
compauy, or u11stee, that holds, controls or maintains custody of assets, wherever located,
that arc owned or controlled by me, or ~e Stipulating Receivership Defendant, in whole or in
part, or at which I, or the Stipulating Receivership Defendant, have an account of any kind

upon which I am authorized to draw, and its officers, employees and agents, to disclose all
information and deliver copies of all documents of every nature in its possession or control
which relate to the said accounts to any attorney for Plaintiffs, and to give evidence relevant
thereto, in the above captioned matter, FTC and State of.Florida v. All US Marketing LLC. et
al.• now pending in the United States District Court for the Middle District of Florida, and

this shall be irrevocable authority for so doing. This direction is intended to apply to the laws
of countries other than lhe United States of America which restrict or prohibit the disclosure
of bank or other financial infonnation without the consent of the holder of the account, and
shall be construed as consent with respect thereto, and the same shall apply to any of the
accowits for which I may be the relevnnt principal.

ISigniifufCI

ii

.,