Securities and Exchange Commission v. Madoff et al

Filing 3

ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, AND ORDER FREEZING ASSETS AND GRANTING OTHER RELIEF filed by Securities and Exchange Commission. Defendants Madoff and BMIS shall show cause: 1. directing Madoff and BMIS to show cause why an order should not be entered pending a final disposition of this action:(a) preliminarily enjoining Defendants from violating Sections 206( 1) and 206(2) of the Investment Advisers Act of 1940 ("Advisers Act"), 15 USC § 80b-6(l) and (2); Section 17(a) of the Securities Act of 1933 ("Securities Act"), 15 USC §§ 77q(a): Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"), 15 USC §§ 78j(b), and Exchange Act Rule 10b-5, 17 CFR § 240.10b-5. (b) directing Defendants to provide a verified accounting immediately, including, but not limited to, a verified written accounting of Madoffs interests in BMIS and all other entities owned, in whole or in part, or controlled by, related to, or associated or affiliated with, Madoff or BMIS; (c) freezing the assets of the Defendants; (d) appointing Lee Richards as receiver for BMIS' assets: (e) prohibiting the destruction, concealment, or alteration of documents by Defendants; and (f) preliminarily enjoining Defendants and their partners, owners, agents, employees, attorneys, or other professionals, anyone acting in concert with them, and any third party from filing a bankruptcy proceeding against the Defendants without filing a motion on at least three (3) days' notice to the Plaintiff, and approval of this Court after a hearing; and (2) pending adjudication of the foregoing, an Order (a) temporarily restraining Defendants from violating the aforementionedstatutes and rules; (b) directing Defendant Madoff to provide a verified accounting immediately, including, but not limited to, a verified written accounting of Madoffs interests in BMIS and all other entities owned, in whole or in part, or controlled by, related to, or associated or affiliated with, Madoff or BMIS; (c) freezing the assets of the Defendants, including, without limitation, the accounts listed on the attached Exhibit A. (d) appointing Lee Richards, Esq., of Richard., Kibbe & Orbe LLP as receiver for the Defendants' asscts, including without limitation Madoff Securities International Ltd. ("Madoff International") and Madoff Ltd. As further set forth in said Order. Show Cause Hearing set for 12/19/2008 at 12:00 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. Show Cause Response due by 12/16/2008. (Signed by Judge Louis L. Stanton on 12/12/08) (db) Modified on 12/12/2008 (db).