Securities and Exchange Commission v. Rex Venture Group, LLC et al

Filing 274

ORDER granting #268 Motion for TRO, Court will conduct a hearing on this matter on Wednesday, November 12, 2014 at 2 p.m. in Courtroom 3 at the Charles R. Jonas Federal Building, 401 W. Trade Street, Charlotte, NC 28202. Signed by Senior Judge Graham Mullen on 10/31/2014. (Pro se litigant served by US Mail.)(jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
Civil Action No. 3:12-cv-519
vs.
REX VENTURE GROUP, LLC
d/b/a ZEEKREWARDS.COM, and
PAUL BURKS,
Defendants.

ORDER
THIS MATTER is before the Court upon the Receiver’s Motion for Temporary
Restraining Order Enforcing the Court’s Asset Freeze (Doc. No. 268).

The Receiver has

satisfied the requirements of Federal Rule of Civil Procedure 65(b) and established that an order
is appropriate in this case to avoid irreparable injury, loss, or damage to the Receivership Estate
of Rex Venture Group, LLC, including the further waste and dissipation of Receivership
Property. Notably, the Court finds that the large amount of money at stake, the liquidity of the
funds which could be transferred overseas or hidden, and Preferred Merchants’ and Meyer’s
apparent pattern of misconduct present a likelihood of irreparable harm and necessitate this order
being entered without notice. Accordingly, and for the reasons stated in the motion and
memorandum, the Court will GRANT the motion.

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that:
1. This Order is entered at 11 a.m. on October 31, 2014.
2. The Receiver’s Motion for Temporary Restraining Order is GRANTED;
3.

Preferred Merchants Solutions, LLC (“Preferred Merchants”) and Jaymes Meyer
(“Meyer”) are directed to immediately deposit with the Receivership $4,854,010.40,
which is the amount they transferred from RVG’s trust account after the SEC notified
them of the asset freeze and requested that they freeze all RVG accounts and assets;

4. The Receiver is directed to deposit and maintain these funds in a segregated account;
5. This injunction shall expire no later than fourteen (14) days from the entry of this
Order or sooner upon further order of the Court.
6. The Court will conduct a hearing on this matter on Wednesday, November 12, 2014
at 2 p.m. in Courtroom 3 at the Charles R. Jonas Federal Building, 401 W. Trade
Street, Charlotte, NC 28202. The Receiver is directed to use all reasonable efforts to
notify Meyer and Preferred Merchants of the date, time, and location of the hearing.

SO ORDERED.
Signed: October 31, 2014

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