Pork Five...(final Piglet...SOOOHEEEEEE)
6. Tyson's National Bank account of Nancy Ellis, account
number 1011553,
7. Barnett Bank account of Mary Jane Hubbard, account number 1460192390,
8. Commercial Bank of Florida accounts of:
a. David Goldstein, account number 4052182208,
and
b. Goldstein & Goldstein, P.A. Trust Account, account number 0405100-77310,
9. First Union Bank (Jacksonville, Florida) accounts of:
a. Starlog Franchise Corp., account number 2090001257271,
b. J.S. Holdings, Inc., account number
8880404828, Pt. Pleasant Branch,
10. Bank of Tampa account of Evans & Domica, P.A.,
account number 21900639,
11. City National Bank account of Nancy Davis, and
12. Bank of Montreal account of Lynda Lou Kane,
and any other brokerage or bank account controlled by any defendant, including the Patriot National Bank account under Huttoe's control in the name of Word Corporation, account 10033165, or which contains proceeds or transfers from the sales of unregistered SOE stock, and
C. That Charles O. Huttoe, Huttoe & Associates, National Trading Services, Inc., Word Corporation, Karen Purvis, also known as Karen Purvis Huttoe, Tammy Jo Perkins, Josephine Brooks, SGA Goldstar Research, Inc., Theodore R. Melcher, Jr., Shannon B. Terry, Alpha Securities Ltd., Dunbar Holdings Ltd., and each of them, shall
1. Take such steps as are necessary to repatriate to the territory of the United States of America, in a
manner to be directed by the Court, all such funds and assets of investors described in the Commission's complaint in this action which are held by them or are under their direct or indirect control, jointly or singly; and
2. Provide the Commission and the Court a written description of all such funds and assets so repatriated.
III.
TEMPORARY PASSPORT SURRENDER AND TRAVEL
RESTRICTION PENDING ACCOUNT IDENTIFICATION
IT IS FURTHER ORDERED that:
A. Charles O. Huttoe shall immediately surrender to the Clerk of the Court all passports that he holds. Huttoe's passport(s)
will be retained by the Court pending (1) Huttoe's filing and
provision to the Commission of a sworn identification of assets and accounts as set forth in VIII(3), below, and (2) resolution of the Order To Show Cause, see IX below, after which Huttoe may apply for return of the passport(s).
B. Huttoe is prohibited from travelling outside of the United States pending (1) Huttoe's filing and provision to the
Commission of a sworn identification of assets and accounts as
set forth in VIII(3), below, and (2) resolution of the Order
To Show Cause, see IX below, after which Huttoe may apply to
lift this restriction.
C. Within five (5) calendar days from the date of this Order, Huttoe shall provide to the Commission, and file with this
Court, a document sworn to before a notary public setting forth all assets (whether real or personal) and accounts (including, but not limited to, bank accounts, savings accounts, securities accounts and deposits of any kind) in which he (whether solely or jointly), directly or indirectly (including through a corporation, partnership, relative, friend, or nominee), either has an interest or over which he
has the power or right to exercise control.
IV.
RECORDS PRESERVATION
IT IS FURTHER ORDERED that all defendants, their directors, officers, agents, servants, employees, attorneys, depositories, banks, and those persons in active concert or participation with any one or more of them, and each of them, BE AND THEY HEREBY ARE RESTRAINED AND ENJOINED from, directly or indirectly, destroying, mutilating, concealing, altering, disposing of, or otherwise rendering illegible in any manner, any of the books, records, documents, correspondence, brochures, manuals, papers, ledgers, accounts, statements, obligations, files and other property of or pertaining to the Defendants wherever located.
V.
EXPEDITED DISCOVERY
IT IS FURTHER ORDERED that expedited discovery is ordered as follows:
A. prior to the expiration of thirty (30) calendar days after service of the summons and complaint upon defendants, pursuant
to Rules 30(a) and 45 of the Federal Rules of Civil Procedure,
plaintiff may take depositions upon oral examination and obtain documents from defendants and non-parties subject to five (5) calendar days notice, and depositions may be taken by telephone or other remote electronic means;
B. pursuant to Rules 33 and 36 of the Federal Rules of Civil Procedure, the defendants shall answer all requests for admissions and interrogatories within five (5) calendar days
of service of any such requests;
C. pursuant to Rule 34(b) of the Federal Rules of Civil
Procedure, defendants and non-parties shall produce all documents requested by the Commission within five (5) calendar
days of service of any such requests; and
D. all written responses to the Commission's requests for discovery under the Federal Rules of Civil Procedure shall be
delivered to the Commission at 450 Fifth Street, N.W., Mail
Stop 4-2, Washington, D.C. 20549 (FAX: 202-942-9581) or to
such other place as counsel for the Commission may direct, by the most expeditious means available.
E. Service of discovery requests shall be sufficient if made upon the defendants by facsimile or overnight courier.
VI.
EXPEDITED BANK RECORDS PRODUCTION UNDER RFPA
IT IS FURTHER ORDERED that expedited production of bank records discovery is ordered as follows:
A. Pursuant to 12 U.S.C. Section 3409((a)(3)(E), the Commission may delay notification of the customer of any banks it subpoenas in this action, under to the Right to Financial Privacy Act, 12 U.S.C. Sections 3401, et seq., as the notification and ten-day delay provisions of the statute would prevent the parties from obtaining necessary bank records in time for the Order To Show Cause.
B. Banks served with a Commission subpoena for customer records and this Order shall produce the records in the expedited fashion provided in Section V, above, and shall not decline to produce the records because the ten day waiting period has not passed, nor because the Commission has not provided a RFPA certification.
VII.
SERVICE
IT IS FURTHER ORDERED that
A. Defendants shall serve their Answers to the Commission's complaint within five (5) calendar days of the issuance of this Order,
B. Service of this Order by FAX shall be sufficient to provide notice.
VIII.
ACCOUNTING
IT IS FURTHER ORDERED that the defendants, other than SOE, and each of them, shall make a sworn accounting within five (5) calendar days of the issuance of this Order to this Court and to the Commission of:
A. any and all assets, funds, or other properties held in their names, jointly or individually, or for their direct or
indirect beneficial interest, or over which they maintain control, wherever situated, stating the location, value, and disposition of each such asset, fund, and other property;
B. each account with any financial or brokerage institution maintained in either of their names, or for their direct or indirect beneficial interest, or over which they maintain control, wherever situated, and the names and last known addresses of all bailees, debtors, and other persons and entities which have held or are holding any of their assets, funds or other properties;
C. the disposition of all funds, assets or other properties removed or transferred from each account, bailee, debtor or
other person or other entities, from January 1, 1995 to the present; and
D. each sale or other disposition of SOE securities by them or for their benefit, stating for each the brokerage firm(s)
used, the date, amount and price of each transaction, and the
current location of the proceeds.
IX.
SHOW CAUSE HEARING
IT IS HEREBY ORDERED that the Defendants, individually and
collectively, show cause, if any, before the Honorable Gladys Kessler of this Court, at 4 o'clock p.m., on November 21, 1996, in Courtroom 19 of the United States Courthouse, Washington, D.C., or as soon thereafter as the matter can be heard, why a Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure should not be granted against defendants, as requested by the
Commission.
X.
RETENTION OF JURISDICTION
IT IS FURTHER ORDERED that this Court will retain jurisdiction over this matter and the Defendants in order to implement and carry out the terms of
all Orders and Decrees that may be entered and/or to entertain any suitable application or motion for additional relief within the jurisdiction of this
Court, and will order other relief that this Court deems appropriate under the circumstances.
IT IS SO ORDERED.
Dated: -----------------
Washington, D.C.
----------------------------
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this 7th day of November, 1996, I caused true and correct copies of the foregoing ORDER GRANTING PLAINTIFF'S REQUEST FOR TEMPORARY RESTRAINING ORDER, ASSET FREEZE, AND OTHER RELIEF, to be FAX'ed, and that same day, placed in properly sealed, firstclass, postage-paid wrappers, addressed to the following listed counsel for all parties to the action, and placed into an official depository of the United
States Postal Service:
Gary Goodenow, Esq.
341 Northeast 104th Street
Miami, FL 33138
Tel: 305-757-0570
FAX: 305-757-4475
[Attorney for SGA Goldstar defendants]
John Fedders, Esq.
1742 N Street, N.W.
Washington, D.C. 20036
Tel: 202-659-2424
FAX: 202-785-2210
[Attorney for Charles Huttoe defendants]
Elliot G. Sagor, Esq.
Squadron, Ellenoff, Plesent & Sheinfeld, LLP
551 Fifth Avenue
New York, New York 10176
Tel: 212-476-8287
Fax: 212-697-6686
[Attorney for Systems of Excellence, Inc.]
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Wellllll. SEC, You get a lollypop, Pick any Flavor, except ButtoeScotch...
Bill Kidston |
