Federal Trade Commission v. AMG Services, Inc. et al

Filing 1024

ORDER granting 1020 Motion to Compel. Please see attached for further details. Signed by Magistrate Judge Cam Ferenbach on 7/22/16. (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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***

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THE FEDERAL TRADE COMMISSION,
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Case No. 2:12–cv–536–GMN–VCF

Plaintiff,
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vs.

ORDER

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AMG SERVICES, Inc.; et.al.,

MOTION TO COMPEL COMPLIANCE (ECF NO.
1020)

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Defendants.

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Before the court is the FTC’s motion to compel compliance (ECF No. 1020). The FTC requests
that this court enter an order that compels non-party Freedom Bank to comply with the court’s asset
freeze order (ECF No. 960). As Freedom Bank did not oppose the FTC’s motion, this court will enter

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an order to compel compliance.
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Pursuant to the asset freeze order, Freedom Bank froze three banks accounts that belong to
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Westfund, LLC, an entity associated with Scott Tucker. (ECF No. 1020) The FTC has since learned
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that 5G Capital, another Tucker entity, maintains accounts with Freedom Bank. (Id.) The FTC and
Freedom Bank conferred but were unable to come to an agreement regarding 5G Capital’s accounts.

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The bank informed the FTC that, absent a clarifying court order, it would not freeze 5G Capital’s assets

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nor would it produce any documents associated with the entity’s accounts. (Id.)

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On June 22, 2016, the FTC served Freedom Bank’s counsel with a copy of this motion. (Id. at

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7) The Defendants and Intervenor Americans for Financial Reform also received copies of the FTC’s

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motion. (Id.) Under Local Rule 7-2(b), Freedom Bank as well as other parties had until July 5, 2016 to

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respond. As of July 22, 2016, the court has not received any opposition to the FTC’s motion. Although
Freedom Bank is not a party to this action, it was served with a copy of this motion and was aware of the

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court’s asset freeze order (ECF No. 960). This court therefore considers Freedom Bank’s and the
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Defendant’s failures to respond to the FTC’s motion as consent to the granting of that motion. LR 72(d).

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ACCORDINGLY, and for good cause shown,

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IT IS HEREBY ORDERED that the FTC’s motion to compel compliance (ECF No. 1020) is

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GRANTED.
IT IS FURTHER ORDERED that on or before August 5, 2016, the FTC must serve a copy of this
order on Freedom Bank.
IT IS FURTHERED ORDERED that Freedom Bank must immediately freeze 5G Capital’s assets
and within two weeks of being served with a copy of this order, it must produce related documents

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pursuant to the court’s asset freeze order (ECF No. 960).
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IT IS SO ORDERED.
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DATED this 22nd day of July, 2016.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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