United States Securities and Exchange Commission v. Ruettiger et al

Filing 106

ORDER Granting 105 Motion for Disbursement of Funds. IT IS HEREBY ORDERED that Garnishee, East West Bank, pay $191.43 to the U.S. Securities and Exchange Commission, which shall be delivered or mailed to:Enterprise Services Center, Account s Receivable Branch, 6500 South MacArthur Boulevard, Oklahoma City, OK 73169, and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Greg R. Mulholland as a defendant in this action; and specifying that payment is made pursuant to this the Final Judgment entered in this matter. Signed by Judge Jennifer A. Dorsey on 4/15/16. (Copies have been distributed pursuant to the NEF - PS)

Case 2:11-cv-02011-JAD-VCF Document 105-1 Filed 03/17/16 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA – LAS VEGAS

UNITED STATES SECURITIES AND
EXCHANGE COMMISSION,
Plaintiff,
v.
ROCCO BRANDONISIO, ET AL,
Defendants.

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Case No. 2:11-cv-02011

[PROPOSED] ORDER TO DISBURSE GARNISHED FUNDS
This case is before the Court upon Plaintiff-Judgment Creditor’s, United States
Securities and Exchange Commission (“Commission”), Motion for an Order to Disburse
Garnished Funds, and the record as a whole. Having considered the Commission’s Motion, this
Court finds as follows:
1.

This Court has jurisdiction over the subject matter of the action and over the

Defendant-Judgment Debtor Gregg R. Mulholland (“Judgment Debtor” or “Mulholland”).
2.

The record establishes that on September 24, 2013, this Court entered a final

judgment (“Judgment”) in favor of the Commission and against Mulholland for disgorgement
and prejudgment interest in the total amount of $2,892,123.18, and a civil penalty in the amount
of $2,417,311.76.
3.

On June 25, 2015, the Commission filed its Application for a Writ of

Garnishment (“Application”) as it relates to EW Bank. (ECF No. 58).
4.

On June 25, 2015, this Court granted the Commission’s Application and entered

a Post-Judgment Continuing Writ of Garnishment, which was served on EW Bank by UPS Next

Case 2:11-cv-02011-JAD-VCF Document 105-1 Filed 03/17/16 Page 2 of 2

Day Air and email on June 29, 2015. (ECF Nos. 61, 80).
5.

On July 20, 2015, the Garnishment Documents were served on Mulholland and

his alter ego, Vision Crest Consulting Group, LLC (“Vision Crest”), by UPS. (ECF Nos. 76,
77).
6.

EW Bank answered the Writ of Garnishment and stated that it held funds of

Vision Crest in the amount of $191.43.
7.

Neither Mulholland nor Vision Crest has requested a hearing in this matter or

asserted any reason why the funds being held by EW Bank are exempt from garnishment.
Now, therefore,
IT IS HEREBY ORDERED that the Judgment Creditor’s Motion for an Order to
Disburse Garnished Funds is GRANTED.
IT

IS

HEREBY

ORDERED

that

Garnishee,

East

West

Bank,

pay

191.43
$___________ to the U.S. Securities and Exchange Commission, which shall be delivered
or mailed to:
Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169,
and shall be accompanied by a letter identifying the case title, civil action number, and name of
this Court; Greg R. Mulholland as a defendant in this action; and specifying that payment is
made pursuant to this the Final Judgment entered in this matter.

Dated: April 15

, 2016

United States District Court Magistrate Judge
United States District Judge