ANY UPDATE ON THE MONEY WHICH IS FROZEN AT GUNNALLEN
THAT IS IN THE NAME OF RICHARD EPSTIEN THE CAREER MARKET
SWINDLER and SECURITIES RECIVIDIST?
IT IS FURTHER ORDERED that, except as otherwise ordered by this Court, an immediate freeze shall be placed on all monies and assets (with an allowance for necessary and reasonable living expenses to be granted only upon good cause shown by application to the Court with notice to and an opportunity for the Commission to be heard) in the financial institution accounts set forth below:
Financial Institution Account Name Account No.
--------------------- ------------ -----------
Bay Cities National Bank EConnect 002-039117
GunnAllen Alliance Equities, Inc. or 3025-6959
Richard Epstein
GunnAllen Alliance Equities, Inc. or 1101-7723
Richard Epstein
V.
IT IS FURTHER ORDERED that, except as otherwise ordered by this Court, defendants eConnect, Hughes, Epstein and Alliance, and their officers, agents, servants, employees, attorney, subsidiaries and affiliates, and those persons in active concert or participation with any of them, who receive actual notice of this Order, by personal service or otherwise, and each of them, be and hereby are temporarily restrained and enjoined from, directly or indirectly:
destroying, mutilating, concealing, transferring, altering, or otherwise
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disposing of, in any manner, any documents, which includes all books, records, computer programs, computer files, computer printouts, contracts, correspondence, memoranda, brochures, or any other documents of any kind in their possession, custody or control, however created, produced, or stored (manually, mechanically, electronically, or otherwise), pertaining to defendants eConnect, Hughes, Epstein and Alliance regarding any of defendants eConnect's or Alliance's financial condition or defendants Hughes' or Epstein's personal financial condition.
VI.
IT IS FURTHER ORDERED that defendants eConnect, Epstein and Alliance each shall, within five (5) days of the issuance of a preliminary injunction if any, prepare and deliver to the Commission a detailed and complete schedule of all of their personal assets, including all real and personal property exceeding $5,000 in value, and all bank, securities, futures and other accounts identified by institution, branch address and account number. The accountings shall include a description of the source(s) of all such assets and shall describe all transactions between defendant eConnect on the one hand and defendants Epstein or Alliance on the other. Such accounting shall be filed with the Court and a copy shall be delivered to the Commission's Pacific Regional Office. After completion of the accounting, defendants eConnect, Epstein, and Alliance shall each produce to the Commission's Pacific Regional Office, at a time agreeable to the Commission, all books, records and other documents supporting or underlying their accountings.
VII.
IT IS FURTHER ORDERED that this Temporary Restraining Order shall expire at 10:00 a.m. on August 16, 2002, unless, for good cause shown, it is extended or unless the parties against whom it is directed consent that it may be extended for a longer period.
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VIII.
IT IS FURTHER ORDERED that at 10:00 a.m. on August 16, 2002, or as soon thereafter as the parties can be heard, the defendants, and each of them, shall appear before the Honorable Nora M. Manella, Judge of the United States District Court for the Central District of California, in Los Angeles, California to show cause, if there be any, why defendants should not be restrained and enjoined pending trial of this action as set forth above. Any declarations, affidavits, points and authorities, or other submissions in support of, or in opposition to, the issuance of such an Order shall be filed with the Court and delivered to the Commission's Los Angeles office and the offices of the defendants and/or their attorneys no later than 4:00 p.m. on August 13, 2002. Any reply papers shall be filed with the Court and delivered to opposing counsel no later than 10:00 a.m. on August 15, 2002.
XI.
IT IS FURTHER ORDERED that this Court shall retain jurisdiction over this action for the purpose of implementing and carrying out the terms of all orders and decrees which may be entered herein and to entertain any suitable application or motion for additional relief within the jurisdiction of this Court.
IT IS SO ORDERED.
DATED: Aug. 9, 2002 Wm. Matthew Byrne
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UNITED STATES DISTRICT JUDGE
for NORA M. MANELLA
Time: 1 o'clock p.m.
Submitted by:
/s/
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Roberto A. Tercero
Attorney for Plaintiff
Securities and Exchange Commission |
