Federal Trade Commission v. Revmountain LLC et al

Filing 86

ORDER Granting 85 Motion for Disbursement of Funds. Signed by Judge Andrew P. Gordon on 9/29/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-02000-APG-GWF Document 85-1 Filed 09/26/17 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FEDERAL TRADE COMMISSION,
Plaintiff,
v.
REVMOUNTAIN, LLC, a Nevada limited
liability company, et al.,
Defendants.

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[Proposed] STIPULATED ORDER TO
RELEASE FUNDS FOR DEFENDANT
BLAIR MCNEA’S LIVING EXPENSES

jointly moved for entry of this Order releasing funds from the asset freeze ordered in the
Preliminary Injunction in this matter. The Court finds good cause for a limited release of funds
to meet Defendant McNea’s living expenses for a four-month period while he seeks
employment. The parties have stipulated that Defendant McNea reserves the right to make
further requests for a release of funds at the end of the four-month period, measured from the
date this Order is entered, and that the FTC reserves the right to oppose any such request. The
Court therefore orders as follows:
IT IS ORDERED that financial institutions holding the frozen assets of Defendant
McNea shall immediately release a total of $27,121.16 to Defendant McNea as follows:
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Case No: 17-cv-02000-APG-GWF

Plaintiff, the Federal Trade Commission (“FTC”), and Defendant Blair McNea have

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$17,320.30 (all funds in the account) from the frozen account ending in -8650 at
FirstBank; and

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$9,800.86 (the $27,121.16 total minus amounts released from Firstbank) from the frozen
brokerage account ending in -4791 at Shareholder Services Netxinvestors.
IT IS FURTHER ORDERED that Defendant McNea is to use the released funds to pay

four months’ mortgage payments on his primary residence, for payments of $6,780.29 monthly
to Wells Fargo Bank, N.A.

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Case 2:17-cv-02000-APG-GWF Document 85-1 Filed 09/26/17 Page 2 of 3

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IT IS FURTHER ORDERED that Shareholder Services Netxinvestors shall release funds

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from the frozen brokerage account ending in -4791 sufficient to make four months’ property tax

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payments on Defendant McNea’s primary residence, upon receipt of written instruction from the

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FTC regarding the amount to be released. Defendant McNea estimates that his property tax costs

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are $1,228.75 per month, and he shall provide adequate documentation of his property tax

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amount to the FTC as soon as possible. Shareholder Services Netxinvestors shall not release

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funds for payment of property taxes until it receives written confirmation from the FTC of the

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amount to be released.

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SO STIPULATED:

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FOR THE PLAINTIFF FEDERAL TRADE COMMISSION:

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/s/ Michelle Schaefer
SARAH WALDROP
MICHELLE SCHAEFER
600 Pennsylvania Avenue, NW CC-9528
Washington, DC 20580
Tel. [phone], -3515
[e-mail], [e-mail]

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FOR DEFENDANT BLAIR MCNEA:

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/s/ Giovanni Ruscitti
Giovanni Ruscitti
Berg Hill Greenleaf Ruscitti LLP
1712 Pearl Street
Boulder, CO 80302
303-402-1600
[e-mail]

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Claude Wild
Claude Wild Law
9247 Mornington Way
Lone Tree, CO 80124
303-916-9082
[e-mail]

IT IS SO ORDERED.

__________________________________
UNITED STATES DISTRICT JUDGE
Dated: September 29, 2017.

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