Case 2:10-Cv-00124-DDP-JEM Document 345 Filed
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Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 1 of 23 Page ID #:7014 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 2 of 23 Page ID #:7015 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 3 of 23 Page ID #:7016 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 4 of 23 Page ID #:7017 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 5 of 23 Page ID #:7018 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 6 of 23 Page ID #:7019 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 7 of 23 Page ID #:7020 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 8 of 23 Page ID #:7021 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 9 of 23 Page ID #:7022 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 10 of 23 Page ID #:7023 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 11 of 23 Page ID #:7024 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 12 of 23 Page ID #:7025 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 13 of 23 Page ID #:7026 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 14 of 23 Page ID #:7027 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 15 of 23 Page ID #:7028 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 16 of 23 Page ID #:7029 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 17 of 23 Page ID #:7030 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 18 of 23 Page ID #:7031 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 19 of 23 Page ID #:7032 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 20 of 23 Page ID #:7033 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 21 of 23 Page ID #:7034 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 22 of 23 Page ID #:7035 Case 2:10-cv-00124-DDP-JEM Document 345 Filed 05/11/12 Page 23 of 23 Page ID #:7036 Case 2:10-cv-00124-DDP-JEMCase 2:10-cv-00124-DDP-JEM Document Document 345-1 27 Filed Filed 05/11/12 02/17/10 Page Page 1 of 1 8 of Page8 ID #:7037 1 JOHN M. MCCOY III, Cal Bar. No. 166244 Email: [email protected] 2 FINOLA H. MANVELIAN, Cal. Bar No. 180681 Email: [email protected] 3 JESSICA R. PUATHASNANON, Cal. Bar No. 208074 Email: [email protected] 4 BERNARD B. SMYTH III, Cal. Bar No. 217741 Email: [email protected] 5 Attorneys for Plaintiff 6 Securities and Exchange Commission Rosalind R. Tyson, Regional Director 7 Andrew G. Petillon, Associate Regional Director 5670 Wilshire Boulevard, 11th Floor 8 Los Angeles, California 90036 Telephone: (323) 965-3998 9 Facsimile: (323) 965-3908 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 SECURITIES AND EXCHANGE Case No. CV 10-00124 DDP (JEMx) COMMISSION, 14 ORDER APPOINTING PERMANENT Plaintiff, RECEIVER, EXTENDING 15 TEMPORARY RESTRAINING vs. ORDER, AND CONTINUING 16 HEARING RE ORDER TO SHOW NEWPOINT FINANCIAL SERVICES, CAUSE RE PRELIMINARY 17 INC.; JOHN FARAHI; GISSOU INJUNCTION RASTEGAR FARAHI; and ELAHEH 18 AMOUEI, 19 Defendants, 20 and 21 TRIPLE “J” PLUS, LLC, 22 Relief Defendant. 23 24 25 26 NOTE: CHANGES MADE BY THE COURT 27 28 EXHIBIT A - Page 22 Case 2:10-cv-00124-DDP-JEMCase 2:10-cv-00124-DDP-JEM Document Document 345-1 27 Filed Filed 05/11/12 02/17/10 Page Page 2 of 2 8 of Page8 ID #:7038 1 Pursuant to the joint stipulation entered into by Plaintiff Securities and 2 Exchange Commission (“Commission”) and defendants NewPoint Financial 3 Services, Inc. (“NewPoint”), John Farahi, Gissou Rastegar Farahi, and Elaheh 4 Amouei, and relief defendant Triple “J” Plus, LLC (“Triple J”), directly or through 5 their attorneys of record, the Court orders as follows: 6 I. 7 IT IS HEREBY ORDERED that James H. Donell, is appointed as permanent 8 receiver of NewPoint and Triple J, and their subsidiaries and affiliates, including, 9 but not limited to, NewPoint Investments, Inc., NewPoint Accounting and Tax 10 Services Co., NPS 1031 Exchange of California, NPS 1031 Exchange Corporation 11 of California, NewPoint Securities, LLC, NewPoint Mortgage Bankers, Inc., and 12 NewPoint Real Estate Services, with full powers of an equity receiver, including, 13 but not limited to, full power over all funds, assets, collateral, premises (whether 14 owned, leased, occupied, or otherwise controlled), choses in action, books, records, 15 papers and other property belonging to, being managed by or in the possession of 16 or control of NewPoint and Triple J, and their subsidiaries and affiliates, and that 17 such receiver is immediately authorized, empowered and directed: 18 A. to have access to and to collect and take custody, control, possession, 19 and charge of all funds, assets, collateral, premises (whether owned, 20 leased, occupied, or otherwise controlled), choses in action, books, 21 records, papers and other real or personal property, wherever located, 22 of or managed by NewPoint and Triple J, and their subsidiaries and 23 affiliates, with full power to sue, foreclose, marshal, collect, receive, 24 and take into possession all such property; 25 B. to have control of, and to be added as the sole authorized signatory 26 for, all accounts of the entities in receivership, and all accounts over 27 which any of their employees or agents have signatory authority, at 28 any bank, title company, escrow agent, financial institution or 1 EXHIBIT A - Page 23 Case 2:10-cv-00124-DDP-JEMCase 2:10-cv-00124-DDP-JEM Document Document 345-1 27 Filed Filed 05/11/12 02/17/10 Page Page 3 of 3 8 of Page8 ID #:7039 1 brokerage firm which has possession, custody or control of any assets 2 or funds of NewPoint and Triple J, and their subsidiaries and 3 affiliates, or which maintains any accounts over which NewPoint 4 and/or Tiple J and their subsidiaries and affiliates, and/or any of their 5 officers, employees or agents have signatory authority; 6 C. to conduct such investigation and discovery as may be necessary to 7 locate, account for and recover all of the assets of or managed by (and 8 to account for and pursue recovery of the losses of) NewPoint and J, 9 and their subsidiaries and affiliates, and to engage and employ 10 attorneys, accountants and other persons to assist in such investigation 11 and discovery; 12 D. to take such action as is necessary and appropriate to preserve and 13 take control of and to prevent the dissipation, concealment, or 14 disposition of any assets of or managed by NewPoint and Triple J, and 15 their subsidiaries and affiliates; 16 E. to make an accounting, as soon as practicable, to this Court and the 17 Commission of the assets and financial condition of NewPoint and 18 Triple J, and the assets under their management, and to file the 19 accounting with the Court and deliver copies thereof to all parties; 20 F. to make such payments and disbursements from the funds and assets 21 taken into custody, control and possession or thereafter received by 22 him or her, and to incur, or authorize the making of, such agreements 23 as may be necessary and advisable in discharging his or her duties as 24 permanent receiver; 25 G. to employ attorneys, accountants and others to investigate and, where 26 appropriate, to institute, pursue, and prosecute all claims and causes of 27 action of whatever kind and nature which may now or hereafter exist 28 as a result of the activities of present or past employees or agents of 2 EXHIBIT A - Page 24 Case 2:10-cv-00124-DDP-JEMCase 2:10-cv-00124-DDP-JEM Document Document 345-1 27 Filed Filed 05/11/12 02/17/10 Page Page 4 of 4 8 of Page8 ID #:7040 1 NewPoint and Triple J, and their subsidiaries and affiliates; 2 H. to have access to, monitor, and redirect all mail (including email and 3 facsimile) of NewPoint and Triple J, and their subsidiaries and 4 affiliates, in order to review such mail which he or she deems relates 5 to their business and the discharging of his or her duties as permanent 6 receiver; 7 I. to operate and control the content of information posted on any 8 Internet web site maintained by NewPoint and Triple J, and their 9 subsidiaries and affiliates; and 10 J. to exercise all of the lawful powers of NewPoint and Triple J, and 11 their subsidiaries and affiliates, and their officers, directors, 12 employees, representatives, or persons who exercise similar powers 13 and perform similar duties. 14 II. 15 IT IS FURTHER ORDERED that the defendants, and relief defendant Triple 16 J, and their subsidiaries and affiliates, including all of the other entities in 17 receivership, and their officers, agents, servants, employees and attorneys, and any 18 other persons who are in custody, possession or control of any assets, collateral, 19 books, records, papers or other property of or managed by any of the entities in 20 receivership, shall forthwith give access to and control of such property to the 21 permanent receiver.