Securities and Exchange Commission v. Rex Venture Group et al

Filing 5

COPY of ORDER from USDC-NC, case no. 3:12cv519, amending order appointing receiver Kenneth Bell for defendant Rex Venture Group. (ADB, )

IN THE UNITES STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
Civil Action No. 3:12 cv 519
VS.

REX VENTURES .GROUP, LLC
d/b/a ZEEKREWARDS.COM, and
PAUL BURKS,
Defendants.

ORDER GRANTING IN PART AND DENYING IN PART

RECEIVER'S MOTION SEEKING AMENDMENT OF AGREED ORDER

APPOINTING TEMPORARY RECEIVER AND FREEZING ASSETS OF .

DEFENDANT REX VENTURE GROUP, LLC

This matter is before the Court upon the Motion of Temporary Receiver KelUleth D. Bell
(the "Receiver") Seeking Amendment of Agreed Order Appointing Temporary Receiver and
Freezing Assets of Defendant Rex Venture Group, LLC (the "Motion") filed on August 24,
2012. After considering the Motion, and having heard arguments of counsel at a hearing on
August 30,2012, IT IS ORDERED, ADJUDGED AND DECREED as follows:
1.

The Motion is GRANTED IN PART and DENIED IN PART.

2.

The Agreed Order Appointing Temporary Receiver and Freezing Assets of

Defendant Rex Venture Group, LLC (Doc. No.4) (the "Agreed Order'') entered on August 17,
2012 is amended to strike the second recital paragraph in its entirety and replace it with the
~ollowing:

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Case 3:12-cv-00519-GCM

Document 21 Filed 08/30/12

Page 1 of 2

"WHEREAS, the Court finds that, based on the record in these proceedings, the
appomtment" of a temporary receiver in this action of Defendant Rex Venture
. Group, . LLC d/b/a ZeekRewards.com, any of its subsidiaries, whether
incorporated or unincorporated, and any businesses or business names under
which it does business (,Receivership Defendant') is necessary and appropriate
for the purposes of marshaling and preserving all assets of the Receivership
Defendant, including currency, checks, cashier's checks, teller's checks, .certified
checks, money orders, drafts, notes, payments, properties or other assets held,
possessed, received or credited by the Receivership Defendant on or after August
17, 2012 (,Receivership Assets'); and for the purposes of recovering and .
preserving those assets: (a) held in constructive trust for the Receivership
Defendant; or (b) fraudulently transferred by the Receivership Defendant
(together, 'Recoverable Assets')."

IT IS SO ORDERED,

thi~Y of August 2012.

.~cotJi.

raham C. Mullen
. '-­
United States District Judge

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