Securities and Exchange Commission v. Beasley et al

Filing 207

ORDER AMENDING RECEIVERSHIP ORDER (DKT. NO. #88 ). Signed by Judge Cristina D. Silva on 7/28/2022. (Copies have been distributed pursuant to the NEF - YAW)

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1 2 3 4 5 TRACY S. COMBS (California Bar No. 298664) Email: CASEY R. FRONK (Illinois Bar No. 6296535) Email: SECURITIES AND EXCHANGE COMMISSION 351 South West Temple, Suite 6.100 Salt Lake City, Utah 84101 Tel: (801) 524-5796 Fax: (801) 524-3558 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 6 7 8 9 10 11 SECURITIES AND EXCHANGE COMMISSION, v. 18 19 Defendants; and 20 THE JUDD IRREVOCABLE TRUST; PAJ CONSULTING INC; BJ HOLDINGS LLC; STIRLING CONSULTING, L.L.C.; CJ INVESTMENTS, LLC; JL2 INVESTMENTS, LLC; ROCKING HORSE PROPERTIES, LLC; TRIPLE THREAT BASKETBALL, LLC; ACAC LLC; ANTHONY MICHAEL ALBERTO, JR.; and MONTY CREW LLC; 13 14 15 16 17 21 22 23 24 25 ORDER AMENDING RECEIVERSHIP ORDER (DKT. NO. 88) Plaintiff, MATTHEW WADE BEASLEY; BEASLEY LAW GROUP PC; JEFFREY J. JUDD; CHRISTOPHER R. HUMPHRIES; J&J CONSULTING SERVICES, INC., an Alaska Corporation; J&J CONSULTING SERVICES, INC., a Nevada Corporation; J AND J PURCHASING LLC; SHANE M. JAGER; JASON M. JONGEWARD; DENNY SEYBERT; ROLAND TANNER; LARRY JEFFERY; JASON A. JENNE; SETH JOHNSON; CHRISTOPHER M. MADSEN; RICHARD R. MADSEN; MARK A. MURPHY; CAMERON ROHNER; AND WARREN ROSEGREEN; 12 Case No.: 2:22-cv-00612-CDS-EJY Relief Defendants. 26 27 28 1 1 WHEREAS this matter has come before this Court upon motion of the Plaintiff U.S. 2 Securities and Exchange Commission (“SEC”, “Commission” or “Plaintiff”) to amend the 3 receivership order previously entered by the Court (Dkt. No. 88), and for related relief; 4 WHEREAS the Court has found based on the evidence presented and record in this case 5 that the Commission has made a proper prima facie showing that Defendants Larry Jeffery, 6 Jason Jenne, Seth Johnson, Christopher Madsen, Richard Madsen, Mark Murphy, Cameron 7 Rohner, and Warren Rosegreen directly and indirectly engaged in violations of the federal 8 securities laws as alleged in the Amended Complaint, and thus, the equity jurisdiction of this 9 Court has been properly invoked and the Court possesses the power and authority to fashion 10 11 appropriate remedies and relief; WHEREAS the Court finds that, based on the record in these proceedings, the 12 appointment of a Receiver in this action is necessary and appropriate for the purposes of 13 marshaling and preserving all assets of the New Defendants that: (a) are attributable to funds 14 derived from investors or clients of the New Defendants; (b) are held in constructive trust for the 15 New Defendants; (c) were fraudulently transferred by the New Defendants; and/or (d) may 16 otherwise be includable as assets of the estates of the New Defendants; and 17 18 WHEREAS this Court has subject matter jurisdiction over this action and personal jurisdiction over the New Defendants, and venue properly lies in this district; 19 // 20 // 21 // 22 23 24 25 26 27 // // // // // // 28 2 1 2 3 NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. This Court hereby takes exclusive jurisdiction and possession of the personal 4 assets, of whatever kind and wherever situated, of the following defendants: Larry Jeffery, Jason 5 Jenne, Seth Johnson, Christopher Madsen, Richard Madsen, Mark Murphy, Cameron Rohner, 6 and Warren Rosegreen (the “New Defendants”). 7 2. Until further Order of this Court, GEOFF WINKLER of AMERICAN 8 FIDUCIARY SERVICES LLC (the “Receiver”) is hereby appointed to serve without bond as 9 receiver for the assets of the New Defendants. 10 3. The Court’s June 3, 2022 Order Appointing Receiver (Dkt. No. 88) (herein, June 11 3, 2022 Receivership Order) is amended, such that the personal assets of the New Defendants are 12 hereby included as “Receivership Property” and “Receivership Estate” as defined and ordered in 13 the June 3, 2022 Receivership Order; and the New Defendants are hereby included as the 14 “Individual Receivership Defendants” and “Receivership Defendants” as defined and ordered in 15 the June 3, 2022 Receivership Order. The New Defendants shall have the same obligations and 16 duties as the Individual Receivership Defendants in the June 3, 2022 Order, except that the 17 deadlines in Section II, paragraphs 9, 10, and 11 of the June 3, 2022 Order shall begin to run for 18 the New Defendants upon the date of entry of this Order. 19 IT IS SO ORDERED. 20 Date: ________________ July 28, 2022 21 ______________________________ CRISTINA D. SILVA UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 Presented by: Tracy S. Combs Casey R. Fronk Attorneys for Plaintiff Securities and Exchange Commission 3

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