Securities and Exchange Commission v. Femenia et al
Filing
402
ORDER granting 401 Unopposed MOTION FOR PARTIAL LIFTING OF THE ASSET FREEZE. Signed by Senior Judge Graham Mullen on 12/02/2019. (ctb)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
No. 3:12-CV-803-GCM
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
ANTHONY C. MUSANTE,
Defendant,
and CHRISTINE E. MUSANTE,
Relief Defendant.
ORDER PARTIALLY LIFTING THE ASSET FREEZE WITH RESPECT TO
DEFENDANT ANTHONY C. MUSANTE AND RELIEF DEFENDANT
CHRISTINE E. MUSANTE
WHEREAS, On December 5, 2012, the Court entered a Temporary Restraining Order
Freezing Assets of Defendants and Relief Defendants and Granting Other Relief and for an Order
to Show Cause Why a Preliminary Injunction Should Not Be Issued [Docket No. 5] (“Freeze
Order”) and;
WHEREAS, Pursuant to the Freeze Order, the Musantes’ assets held in TD Bank Checking
Account #425-3860667 ($6311.08) ; Chase Bank Checking Account #2980476705 ($25,092.47);
and Chase Checking Account #945271518 ($0.02) were among the accounts frozen.
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WHEREAS On or around December 13, 2012, the Musantes consented to the entry of an
Order Granting Preliminary Injunction and Other Relief [Docket No. 17] (“Consent Order”), in
which the Musantes, among other things, consented to the continuation of the freezing of their
assets, including the above accounts. The Court entered the Consent Order on December 13, 2012
[Docket No. 24].
WHEREAS, it is represented to the Court the funds in the TD account and Chase checking
accounts referenced above are not traceable to any conduct alleged in the Complaint.
WHEREAS, the account in the name of Anthony and Christine Musante, holding the assets
traceable to the offense conduct has been disgorged pursuant to this Court’s Order at Docket No.
398.
WHEREAS, Mr. Musante is nearing retirement and requires access to these accounts
consistent with his retirement planning.
WHEREAS, Plaintiff U.S. Securities and Exchange Commission does not oppose or object
to the granting of the Musantes’ Motion to Lift the Asset Freeze Order with respect to the above
referenced accounts.
IT IS HEREBY ORDERED that the following accounts be released from the Freeze Order
entered by this Court on December 5, 2012 at Docket No. 5:TD Bank Checking Account #4253860667 ($6311.08); Chase Bank Checking Account #2980476705 ($25,092.47); and Chase
Checking Account #945271518 ($0.02).
Except as expressly amended herein, all other terms and provisions of the Court’s prior
orders shall remain in full force and effect pending further order of the Court.
So Ordered.
Signed: December 2, 2019
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