Case 1:16-cv FAM Document 25 Entered on FLSD Docket 08/29/2016 Page 1 of 6

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1 Case 1:16-cv FAM Document 25 Entered on FLSD Docket 08/29/2016 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No CIV-MORENO ROBB EVANS &ASSOCIATES LLC as Receiver for WORLD LAW DEBT SERVICES, LLC and WORLD LAW PROCESSING, LLC, and their successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, and FAMILY CAPITAL INVESTMENT & MANAGEMENT LLC, and its successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, v. Plaintiff, AKSIBAN LLC, a Delaware limited liability company, Defendant. MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT Plaintiff Robb Evans &Associates LLC as Receiver ("Receiver") over World Debt Services, LLC and World Law Processing, LLC, and their successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, and Family Capital Investment &Management, LLC, and its successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known ("Plaintiff') hereby moves the Court for entry of a judgment by default against defendant Aksiban LLC, a Delaware limited liability company ("Defendant" or "Aksiban"), pursuant to Rule 55(b) of the Federal Rules of Civil Procedure

2 Case 1:16-cv FAM Document 25 Entered on FLSD Docket 08/29/2016 Page 2 of 6 Plaintiff submits the following in support of entry of a default judgment against Defendant Aksiban.l 1. Defendant Aksiban is anon-natural person and is not subject to the potential exceptions to entry of a default judgment applicable to an infant or incompetent or a person in military service or otherwise exempted under the Servicemembers Civil Relief Act (50 U.S.C. App. 521). 2. Defendant has not appeared in this action despite having been duly served with the Summons and Complaint in this matter. Defendant was required to file a responsive pleading to the Complaint on or before February 12, Defendant failed to file a response to the Complaint within the date by which its responsive pleading was due or at any time thereafter, and Defendant Aksiban has not made an appearance in this action. 4. The default of Aksiban was entered by the Clerk of the Court on February 26, A true and correct copy of the Clerk's Default is attached to the Declaration of Gary Owen Canis ("Canis Declaration") as Exhibit Plaintiff seeks entry of a default judgment against Aksiban as follows: A. On account of its first, second and third claims for relief, for avoidance of the transfer of title to Aksiban to the following real property pursuant to Florida Stat. section and granting Plaintiff Receiver recovery from Aksiban of (a) the legal and beneficial ownership interest in the real property commonly described as 100 Birch Road, Apartment 2303F, Fort Lauderdale, Florida and legally described in Exhibit 4 to the Complaint ("Birch Property"), a copy of which legal description is also set forth in Exhibit 5 to the Declaration of Brick Kane ("Kane Declaration") filed in support of this Motion, and (b) the legal and beneficial ownership interest in the real property commonly described as 100 N. Federal Hwy., Apartment ' On August 16, 2016, the Court conducted a status conference in this matter and directed Plaintiff to file a motion for entry of default judgment by 12 p.m. on August 30, Order on Default Judgment, Doc. 22. This motion is timely filed pursuant to the Court's Order on Default Judgment

3 Case 1:16-cv FAM Document 25 Entered on FLSD Docket 08/29/2016 Page 3 of , Fort Lauderdale, Florida and legally described in Exhibit 5 to the Complaint ("Federal Property"), a copy of which legal description is also set forth in Exhibit 6 to the Kane Declaration; B. On account of its fourth and fifth claims for relief, for judgment that the Birch Property and the Federal Property constitute property of the receivership estate over which the Receiver is appointed in a related action, that Aksiban holds the legal and beneficial ownership interest in the Birch Property and the Federal Property in constructive trust for the benefit of the receivership estate over which the Receiver is appointed in a related action, and that the Receiver is entitled to recover from Aksiban the legal and beneficial ownership interest in the Birch Property and the Federal Property. 6. This application is supported by Plaintiff's Request for Judicial Notice, the Canis Declaration concerning the entry of default and non-appearance by Defendant, and by the Kane Declaration establishing the Receiver's right to recover the legal and beneficial interest in the Birch Property and Federal Property. 7. This Motion is further supported by the memorandum of points and authorities filed concurrently herewith and proposed Judgment lodged herewith. WHEREFORE, Plaintiff prays for entry of a default judgment against Aksiban as follows: A. On account of its first, second and third claims for relief, for avoidance of the transfer of title to Aksiban to the Birch Property and Federal Property pursuant to Florida Stat. section and granting Plaintiff Receiver recovery from Aksiban of (a) the legal and beneficial ownership interest in the Birch Property, and (b) the legal and beneficial ownership interest in the Federal Property; B. On account of its fourth and fifth claims for relief, for judgment that the Birch Property and the Federal Property constitute property of the receivership estate over which the Receiver is appointed in the related action Consumer Financial Protection Bureau v. Orion Processing LLC, etc., et al., Case No Civ-COOKE/TORRES pending in this Court,

4 Case 1:16-cv FAM Document 25 Entered on FLSD Docket 08/29/2016 Page 4 of 6 that Aksiban holds the legal and beneficial ownership interest in the Birch Property and the Federal Property in constructive trust for the benefit of Plaintiff and the receivership estate over which the Receiver is appointed in a related action, and that the Receiver is entitled to recover from Aksiban the legal and beneficial ownership interest in the Birch Property and the Federal Property. Dated August 29, 2016 Respectfully submitted, By: /s/ Michael E. Strauch Merrick L. Gross Florida Bar No Michael E. Strauch Florida Bar No CARLTON FIELDS Miami Tower 100 S.E. 2"d Street, Suite 4200 Miami, Florida Tel: (305) Fax: (305) mgross@carltonfields.com powers@carltonfields. com mstrauch@carltonfields.com iabay@carltonfields.com Local Counsel for Plaintiff By: /s/gary Owen Caris Gary Owen Caris Appearing Pro Hac Vice California Bar No Lesley Anne Hawes Appearing Pro Hac Vice California Bar No DIAMOND MCCARTHY LLP 1999 Avenue of the Stars, Suite 1100 Los Angeles, CA Tel: (310) Fax: (424) gcaris@diamondmccarthy.com lhawes@diamondmccarthy. com Lead Counsel for Plaintiff

5 Case 1:16-cv FAM Document 25 Entered on FLSD Docket 08/29/2016 Page 5 of 6 CERTIFICATE OF GOOD FAITH CONFERENCE; UNABLE TO CONFER Pursuant to Local Rule 7.1(a)(3)(B), I hereby certify that Defendant Aksiban, LLC, the only other party in this action, was defaulted by the Clerk of Court on February 26, 2016, has not made an appearance in the case, has made no contact with Plaintiff and its current contact information is iu~kuown to the undersigned. Accordingly, the undersigned has not been able to confer with defendant Aksiban LLC regarding the relief sought in this motion. Dated this 29`" day of August, 2016, at Los Angeles, California. /s/ Gary Owen Caris Gary Owen Caris Appearing Pro Hac Vice California Bar No Lesley Anne Hawes Appearing Pro Hac Vice California Bar No DIAMOND MCCARTHY LLP 1999 Avenue of the Stars, Suite 1100 Los Angeles, CA Tel: (310) Fax: (424) gcaris@diamondmccarthy.com lhawes@diamondmccarthy. com

6 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 1 of 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No CIV-MORENO ROBB EVANS &ASSOCIATES LLC as Receiver for WORLD LAW DEBT SERVICES, LLC and WORLD LAW PROCESSING, LLC, and their successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, and FAMILY CAPITAL INVESTMENT & MANAGEMENT LLC, and its successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, v. Plaintiff, AKSIBAN LLC, a Delaware limited liability company, Defendant. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT [F.R.C.P. 55(b)] Plaintiff Robb Evans &Associates LLC as Receiver ("Receiver") over World Debt Services, LLC and World Law Processing, LLC, and their successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, and Family Capital Investment &Management, LLC, and its successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known ("Plaintiff') hereby submits its Memorandum of Law in support of entry of a judgment by default against defendant Aksiban LLC, a Delaware limited liability company ("Defendant" or "Aksiban"), pursuant to Rule 55(b) of the Federal Rules of Civil Procedure. I. INTRODUCTION Plaintiff filed a complaint against Aksiban on January 8, 2016 asserting five claims for relief focused on the recovery for the receivership estate of two real properties titled to Aksiban

7 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 2 of 14 and paid for with receivership funds. Aksiban is a Delaware limited liability company. Complaint, para.l0. Plaintiff served the summons and complaint on its registered agent for service of process on January 22, Doc. No. 12. The proof of service was filed with the Court on February 3, Doc. No.12. Aksiban has not responded to the complaint or made an appearance in the action. Aksiban has not contacted Plaintiff since it was served with the summons and Complaint. Declaration of Gary Owen Caris ("Caris Decl."), para. 5. Aksiban's default was entered by the Clerk on February 26, 2016 pursuant to an order of the Court directing the entry of the default. Doc. Nos. 13 and 14. Plaintiff Receiver now seeks entry of a default judgment against Aksiban. II. STATEMENT OF FACTS The Receiver is a federal equity receiver appointed by this Court in the related action brought by the Consumer Financial Protection Bureau styled as Consumer Financial Protection Bureau v. Orion Processing, LLC, etc., et al., U.S.D.C., S. D. Fla. Case No.1:15-cv MGC ("CFPB Action"). Complaint, paras The Court in the CFPB Action issued multiple orders pursuant to which the Receiver was appointed over various defendants and related entities, including the Preliminary Injunction with Asset Freeze, Appointment of Receiver, Expedited Discovery, and Other Equitable Relief as to Defendants Orion Processing, LLC, Bradley James Haskins, World Law Debt Services, LLC and World Law Processing, LLC ("World Law Preliminary Injunction ") attached as Exhibit 2 to the Complaint herein. Pursuant to the World Law Preliminary Injunction, the Receiver was appointed receiver over the entities World Law Debt Services, LLC ("WL Debt") and World Law Processing, LLC ("WL Processing") and their successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, provided that the Receiver has reason to believe they are owned or controlled in whole or in part by any of the defendants in the CFPB Action. Bradley James Haskins ("Haskins") is one of the defendants in the CFPB Action, and he owns and controls WL Debt and WL Processing. Complaint para. 11. The Complaint against Aksiban alleges that the defendant is also owned and controlled by Haskins and that based on the common ownership and control of WL Debt, WL Processing and Aksiban by Haskins, Aksiban is an affiliate of WL Debt and WL Processing and a Receivership Defendant under the terms of the World Law Preliminary Injunction. Complaint para

8 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 3 of 14 Another entity owned and controlled by Haskins and therefore also a Receivership Defendant is WLD Price Global, Inc. ("WLD Price Global"). Complaint, para. 14. WLD Price Global operated what purported to be a consortium of international law firms through World Law Group. Complaint para. 14. WLD Price Global and various other entities affiliated with WL Debt and WL Processing through the "World Law Group" consortium which were under the ownership and control of Haskins purported to provide debt relief services and engaged in practices that violated consumer protection laws, including without limitation the Telemarketing Sales Rules ("TSR"), 16 C.F.R. section 310.3(a)(2)(II) and (x) and the Consumer Financial Protection Act ("CFPA"), 12 U.S.C. sections 5531(a) and 5536(a)(1) and 15 U.S.C. section 6102(c)(2) and the laws of several states. These entities also engaged in deceptive and fraudulent practices in violation of applicable law to the injury of consumers by (a) collecting advance fees from consumers in connection with promises to provide consumers debt relief services and legal representation by local attorneys in their state and not providing the promised legal representation; and (b) engaging in deceptive marketing practices for the debt relief services and legal representation services they promised to provide consumers (the "fraudulent scheme"). Complaint para. 15. WLD Price Global and other entities owned and controlled by Haskins participated in the fraudulent scheme by, among other things, their receipt and transfer of funds generated by the fraudulent scheme. Complaint para.l6. WLD Price Global received not less than $6.8 million obtained from consumers as part of the fraudulent scheme. Complaint para. 22. Since at least May 2013, the State of North Carolina and the State of Connecticut commenced actions or proceedings against certain defendants in the CFPB Action including Haskins, the World Law Group and WL Debt, alleging violations based on applicable state consumer protection laws arising since in or about 2010 when Haskins and World Law Group began their debt relief services and began perpetrating the fraudulent scheme. Complaint para. 17. Since at least 2010, state and federal government agencies and consumers who dealt with WL Debt and WL Processing had potential claims against WL Debt and WL Processing and their affiliate WLD Price Global for violation of applicable consumer protection laws. Though the amount of the claims of such consumers and government agencies ("Consumer Injury Claims") had not yet been finally determined at the outset of the instant action (Complaint para. 18), nn July 5, 2016, the CFPB filed a motion for entry of default judgments against certain of

9 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 4 of 14 the defendants in the CFPB Action, including WL Debt and WL Processing. See Doc. No. 97 in the CFPB Action of which Plaintiff requests the Court take judicial notice. The Court in the CFPB Action entered a default judgment for equitable monetary relief against WL Debt and WL Processing in the amount of $106,813,049 on August 1, See Doc. No. 104 in the CFPB Action of which Plaintiff requests the Court take judicial notice, and a copy of which is attached to the Kane Declaration as Exhibit 1. In addition, defendants Derin Scott and David Klein have recently stipulated to judgment in favor of the CFPB, jointly and severally, in the identical sum of $106,813,049. See Joint Motion of Plaintiff and Defendants Derin Scott and David Klein and Relief Defendant Shannon Scott to Enter Stipulated Final Judgment and Order filed July 19, 2016, Doc. No. 101 in the CFPB Action, and the Stipulated Final Judgment, Doc. No. 105, of which Plaintiff requests the Court take judicial notice. A copy of the entered Stipulated Final Judgment is attached to the Kane Declaration as Exhibit 2. ~ As a result, at all times relevant to the relief sought in the Complaint, and since at least January 1, 2011, the Receivership Defendants and WLD Price Global were and are presently insolvent. Complaint paras. 18 and 19. Aksiban is the record title holder to two real properties located in Fort Lauderdale, Florida. Complaint para. 13. One of the properties is commonly described as 100 Birch Road, Apartment 2303F, Fort Lauderdale, FL ("Birch Property") and legally described in Exhibit 4 to the Complaint. Complaint Para. 13. The other property is located at 100 N. Federal Hwy., Apartment 1215, Fort Lauderdale, FL ("Federal Property") and legally described in Exhibit 5 to the Complaint. Complaint para. 13. All of the funds for Aksiban's payment of the purchase price of the Birch Property and the Federal Property were provided by and transferred from Receivership Defendant WLD Price Global. Specifically, on or about October 11, 2012, WLD Price Global transferred the sum of $331, in cash to an escrow to pay the purchase price for the Federal Property on behalf of Aksiban. Complaint para. 20. After payment of the purchase price by WLD Price Global, Aksiban took title to the Federal Property on October 24, 2012 and has held title to the Federal Property since that date. The transfer of funds from WLD Price Global and transfer of title to the ' The CFPB has been unable to locate Haskins and has recently filed a motion for authorization to serve him by alternative means. See Doc. No. 108 in the CFPB Action. The CFPB believes Haskins fled to Europe after the CFPB Action commenced. Doc. No. 108 and supporting affidavits, of which the Receiver requests the Court take judicial notice

10 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 5 of 14 Federal Property to Aksiban are referred to for convenience as the "Federal Transfer." Complaint para. 20. In addition, on or about May 22, 2013, WLD Price Global transferred the sum of $40, cash to an escrow to pay in part the purchase price for the Birch Property on behalf of Aksiban. Complaint para. 21. Then, on or about May 29, 2013, WLD Price Global transferred the sum of $600, cash to an escrow to pay the balance of the purchase price for the Birch Property on behalf of Aksiban. Complaint para. 21. Aksiban took title to the Birch Property on or about July 12, 2013 and has held title to the Birch Property since that date. Complaint, para. 21. For convenience, the two transfers of funds from WLD Price Global for the purchase of the Birch Property and the transfer of title to the Birch Property to Aksiban in connection therewith are referred to as the "Birch Transfer." Complaint para. 21. WLD Price Global received no consideration and received no reasonably equivalent value in exchange for the Federal Transfer and the Birch Transfer. Complaint para. 24. Further, the Federal Transfer and the Birch Transfer were made from funds the source of which were funds obtained from consumers as part of the fraudulent scheme. Complaint para. 23. Aksiban did not receive the Federal Transfer and the Birch Transfer in good faith and for a reasonably equivalent value. Complaint para. 25. Plaintiff has asserted five claims for relief against Aksiban, all of which seek recovery of the Birch Property and Federal Property for the benefit of the receivership estate over which Plaintiff is appointed in the CFPB Action. Plaintiff has asserted three claims for recovery of actual and constructive fraudulent transfers to void the Federal and Birch Transfers and return title to those properties to the Receiver on behalf of the receivership estate (Florida Uniform Fraudulent Transfer Act, Florida Stat et. seq.), a fourth claim for relief for turnover of receivership property, and a fifth claim for relief for imposition of a constructive trust for the turnover of the Federal Property and the Birch Property based on the unjust enrichment of Aksiban in acquiring these properties without consideration by Aksiban and by using funds of injured consumers wrongfully obtained by the Receivership Defendants prior to the Receiver's appointment

11 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 6 of 14 III. PLAINTIFF IS ENTITLED TO A DEFAULT JUDGMENT FOR THE LEGAL AND BENEFICIAL OWNERSHIP OF THE FEDERAL PROPERTY AND THE BIRCH PROPERTY Rule 55(b)(2) of the Federal Rules of Civil Procedure authorizes the Court to enter a default judgment on application by a party when the defendant has failed to plead or defend the action. In evaluating a motion for entry of default judgment, all well-pled allegations of the Complaint are deemed to be admitted. Eagle Hospital Physicians v. SRG Consulting, 561 F. 3d 1298, 1307 (11th Cir. 2009); Buchanan v. Bowman, 820 F. 2d 359, 361(1 lth Cir. 1987). "A `defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established."' Eagle Hospital Physicians v. SRG Consulting, 561 F. 3d at 1307 (quoting Nishimatsu Const. Co. v. Houston Nat'l Bank, 515 F. 2d 1200, 1206 (5th Cir. 1975) and citing Buchanan v. Bowman, 820 F.2d at 361). "A default judgment is unassailable on the merits" if it is supported by "wellpleaded allegations." Nishimatsu Const. Co. v. Houston Nat'l Bank, 515 F. 2d at Plaintiff is entitled to have a default judgment entered against Aksiban based on the wellpled allegations of the Complaint which support the relief requested. 1. First Claim for Relief for Recovery of Fraudulent Transfers Made with Actual Intent to Hinder, Delay and Defraud Creditors Florida has enacted the Uniform Fraudulent Transfer Act which was in effect when the transactions at issue occurred. Section (1)(a) of the Florida Statutes provides that a transfer made by a debtor is fraudulent as to an existing or future creditor of the debtor if the debtor "made the transfer.,.(a) with actual intent to hinder, delay or defraud any creditor of the debtor." The Eleventh Circuit as well as this District Court have held that federal equity receivers can pursue recovery of fraudulent transfers on behalf of the receivership entities over which they were appointed. See Wiand v. Lee, 753 F. 3d 1194 (l lt" Cir. 2014) (affirming fraudulent transfer judgment in favor of receiver in federal receivership arising out of fraudulent investment scheme); Sallah v. Worldwide ClearingLLC, 860 F. Supp. 2d 1329, (S.D. Fla. 2011), af~d 559 Fed. Appx. 988 (l l~h Cir. 2011) ("after a corporation has been placed into receivership,

12 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 7 of 14 it becomes a creditor with respect to assets which were fraudulently transferred away. In this scenario, the principals, who were operating the illegal scheme, are debtors of the corporation for their fraudulent activities. [Citation omitted.] Further, recipients of corporate assets are transferees, regardless of whether they were aware of the wrongdoing of the principals"). See also Obermaier v. Arnett, 2:02CV111FTM29DNF, 2002 WL at *4 (M.D. Fla. November 20, 2006), In re Sperry, 101 B.R. 763, 766 (Bankr. M.D. Fla. 1989) ("It is well settled Florida law that where property is purchased by a debtor and title is taken in the name of another to avoid creditors, the deed may be set aside as a fraudulent conveyance by all existing and subsequent creditors"); Goldberg v. Chong, No CIV, 2007 WL at * 1 (S.D. Fla. July 11, 2007) (concluding receiver could bring constructive fraudulent transfer claim on behalf of receivership entities to recover fraudulently transferred assets of the receivership entities). Numerous other courts have held that a federal equity receiver may recover assets fraudulently transferred from the Receivership Defendants to third parties prior to the Receiver's appointment under state fraudulent transfer statutes. See, e.g., Scholes v. Lehmann, 56 F. 3d 750 (7tn Cir. 1995); Janvey v. Democratic Senatorial Campaign Committee, Inc., 712 F. 3d 185 (Stn Cir. 2013); Donell v. Kowell, 533 F. 3d 762 (9`" Cir. 2008); Commodity Futures Trading Commission v. Chilcott Portfolio Management, Inc., 713 F. 2d 1477 (10`h Cir. 1983). The Receiver's complaint alleges that Haskins is a principal of, and directly or indirectly owns and controls, various World Law entities, including WL Debt, WL Processing and WLD Price Global, and orchestrated a fraudulent scheme through the World Law Group consortium, giving rise to Consumer Injury Claims against WL Debt, WL Processing and WLD Price Global. Complaint pass. 14, 15, 16, 18. The Complaint alleges that Haskins also directly or indirectly owned and controlled Aksiban, and that the assets of WLD Price Global were transferred to pay the entire purchase price for the Federal Property and the Birch Property with title placed in the name of Aksiban. Complaint pass. 20, 21, 23. As a result of Haskins' conduct, the sum of $331,000 in funds from WLD Price Global was transferred to purchase and place in Aksiban's name the Federal Property and a total of $640,000 in funds from WLD Price Global was transferred to purchase and place in Aksiban's name the Birch Property. Complaint pass. 20, 21. The Federal Transfer and Birch Transfer were made with actual intent to hinder, delay and defraud creditors of WLD Price Global and the other Receivership Defendants, within the

13 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 8 of 14 meaning of Florida Uniform Fraudulent Transfer Act, Florida Stat (1)(a). Complaint para. 28. Section of the Florida Uniform Fraudulent Transfer Act provides various remedies that a creditor may obtain in an action for relief against a fraudulent transfer, including avoidance of the transfer to the extent necessary to satisfy the creditor's claim and "subject to applicable principles of equity and in accordance with applicable rules of civil procedure... [a]ny other relief the circumstances may require." Florida Stat (1)(a) and (1)(c)3. The Receiver seeks relief by obtaining the legal and beneficial ownership of the Federal Property and the Birch Property based on the avoidance of the Federal Transfer and Birch Transfer, consistent with the relief authorized under the foregoing provisions of the Florida Uniform Fraudulent Transfer Act. Complaint para. 30. See also First State Bank of Clermont v. Fitch, 105 Fla. 435, 141 So. 299 (Fla. Sup. Ct. 1932) ("The rule is well established in this state that where property is purchased by a debtor, and the title is taken in the name of another to avoid creditors, the deed to such grantee is subject to be set aside by the creditors"). 2. Second Claim for Relief to Avoid the Federal Transfer and Birch Transfer as Constructive Fraudulent Transfers Section (1)(b) provides that a transfer is also avoidable as a fraudulent transfer by an existing or future creditor of the debtor where the transfer is made without the debtor receiving a reasonably equivalent value in exchange for the transfer..., and the debtor: 1. Was engaged or was about to engage in a business or transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; ar 2. Intended to incur, or believed or reasonably should have believed, that he or she would incur, debts beyond his or her ability to pay as they became due. Plaintiff has asserted a claim under section (1)(b) for avoidance of the Federal Transfer and the Birch Transfer as constructive fraudulent transfers because they were made without WLD Price Global receiving a reasonable equivalent value for the funds transferred from WLD Price Global to pay the purchase prices for the Federal Property and the Birch Property, and WLD Price Global was engaged in or about to engage in transactions for which its ] 8

14 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 9 of 14 remaining assets were unreasonably small. in relation to the business or transactions, or that WLD Price Global intended to incur, or believed or should have believed it would incur, debts beyond its ability to pay as they came due, including debts to the federal and state agencies asserting claims against the Receivership Defendants and the Consumer Injury Claims. Complaint para. 32. Plaintiff has specifically asserted that the Receivership Defendants and WLD Price Global were insolvent at all times since at least January 1, 2011 and remain insolvent. Complaint para. 19. Therefore, WLD Price Global could not reasonable believe that it could pay its debts as they were incurred. See CFPB Judgments, Kane Decl., Exhs. 1 and 2 and para. 8. The Federal Transfer and the Birch Transfer were made in 2012 and 2013, respectively. The Receiver therefore also seeks judgment for the legal and beneficial ownership of the Federal Property and the Birch Property based on the avoidance of the Federal Transfer and Birch Transfer in its second claim for relief. Goldberg v. Chong, No CIV, 2007 WL at *S (S.D. Fla. July 11, 2007) (granting summary judgment on receiver's constructive fraudulent transfer claim). 3. The Third Claim for Relief Seeks Avoidance of the Federal Transfer and Birch Transfer Based on the Lack of Reasonably Equivalent Value and Insolvency of the Transferor Section (1) of the Florida Uniform Fraudulent Transfer Act states: A transfer made... by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made... if the debtor made the transfer...without receiving a reasonably equivalent value in exchange for the transfer...and the debtor was insolvent at the time or the debtor became insolvent as a result of the transfer Plaintiff has alleged that WLD Price Global and the other Receivership Defendants were insolvent at all times since January 1, 2011, which predates the date of the Federal Transfer and the Birch Transfer. Complaint para. 19. In its Third Claim for Relief, Plaintiff alleges that the Federal Transfer and the Birch Transfer were made without WLD Price Global receiving a reasonably equivalent value in exchange for the transfer and that WLD Price Global was

15 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 10 of 14 insolvent when the transfers were made or became insolvent as a result of the transfers. Complaint para. 35. See CFPB Judgments, Kane Decl., Exhs.l and 2 and para. 8. As a result, the Federal Transfer and the Birch Transfer are avoidable under section (1), and Plaintiff is entitled to avoidance of those transfers and to obtain the legal and beneficial ownership of the Federal Property and the Birch Property as a result. 4. Plaintiffs Fourth Claim for Relief for Turnover of Receivership Pro er Plaintiff has also asserted two other equitable claims for relief as to which the Receiver is indisputably entitled to a default judgment against Aksiban. The Complaint alleges that based on the direct or indirect ownership and control of WL Debt, WL Processing and WLD Price Global by Haskins and his direct or indirect ownership and control of Aksiban, Aksiban is a Receivership Defendant as defined in the World Law Preliminary Injunction, which defines Receivership Defendants to include subsidiaries, affiliates, successors, and assigns of WL Debt and WL Processing. Corporate entities are generally considered affiliates if they are owned or controlled by the same person. See, e.g., Fla. Stat. section (1)(b) and 11 U.S.C. section 101(2)(b) (affiliates include corporations as to which 20 percent of more of their ownership is held by the same person, the debtor). The Federal Property and Birch Property constitute receivership assets since they are assets nominally titled to Aksiban, a Receivership Defendant, and also constitute receivership property as the proceeds of ill-gotten gains received by Aksiban from WLD Price Global generated through the illegal and fraudulent activities of the Receivership Defendants. Complaint paras. 38 and 39. Plaintiff, as Receiver over all assets of the receivership estate under the World Law Preliminary Injunction, has the exclusive right to possession and control of receivership property (Complaint, Exhibit 2, Section XIII.B). Plaintiff is therefore entitled to relief under the Fourth Claim for Relief for turnover of receivership property by Aksiban to the Receiver

16 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 11 of Plaintiff Is Entitled to Judgment under Its Fifth Claim for Relief Seeking to Recover the Federal Property and Birch Property from Aksiban Based on Aksiban's Uniust Enrichment Plaintiff's Fifth Claim for Relief asserts a claim for unjust enrichment and constructive trust. It alleges that Aksiban obtained title to the Federal Property and the Birch Property with funds from WLD Price Global. In turn, funds were received by WLD Price Global from other Receivership Defendants, including WL Debt and WL Processing, as part of the illegal and fraudulent debt relief services scheme operated by the Receivership Defendants funded by monies paid by holders of Consumer Injury Claims. Complaint paras , 20, 21, 43 and 45. The Federal Transfer and Birch Transfer are assets transferred to Aksiban that rightfully belong to the receivership estate for the benefit of creditors of the receivership estate, and the retention of the transferred assets by Aksiban would leave Aksiban unjustly enriched. Complaint para. 44. A claim for unjust enrichment arises where the complaining party has conferred a benefit on the defendant, the defendant accepted and retained the benefit, and the circumstances make it inequitable for the defendant to retain the benefit. See Virgilio v. Ryland Group, Inc., 680 F. 3d 1329, 1337 (1 l t" Cir. 2012); Goldberg v. Chong, No CIV, 2007 WL at *10 (S.D. Fla. July 11, 2007) (granting summary judgment on receiver's unjust enrichment claim). Based on the Receiver's unjust enrichment claim and the circumstances of this case as alleged in the Complaint and summarized above, the Receiver seeks judgment granting the Receiver the legal and beneficial ownership interest in the Federal Property and the Birch Property which were acquired by Aksiban solely with receivership funds provided by WLD Price Global and which assets it would be inequitable for Aksiban to retain under the circumstances. See In re Financial Federated Title &Trust, Inc., 273 B.R. 706 (Bankr. S.D. Fla. 2001) (granting bankruptcy trustee's motion for summary judgment for imposition of constructive trust based on unjust enrichment claim where funds used to purchase defendants' residence came from monies fraudulently generated from corporate Ponzi scheme), aff'd 347 F.3d 880 (11`" Cir. 2003); Crawford v. Silette, 608 F. 3d 275 (St" Cir. 2010) (in which the iosbsb~~s ~

17 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 12 of 14 receiver obtained an order to take control of and sell a condominium in Florida owned by a third party based on an equitable lien granted by the Court where. the mortgage on the condominium was satisfied with receivership funds). IV. PLAINTIFF IS ENTITLED TO JUDGMENT VESTING TITLE IN THE FEDERAL PROPERTY AND THE BIRCH PROPERTY IN PLAINTIFF AS RECEIVER PURSUANT TO F.R. CIV. P. 70(b) For all the reasons detailed above, the Receiver is entitled to the legal and beneficial ownership of the Federal Property and the Birch Property. Rule 70 of the Federal Rules of Civil Procedure provides the means by which judgment for specific property may be enforced by the Court. Rule 70(b) provides: If the real or personal property is within the district, the court instead of ordering a conveyance may enter a judgment divesting any party's title and vesting it in others. That judgment has the effect of a legally executed conveyance. Based on the avoidance of the Federal Transfer and Birch Transfer, the status of the properties as receivership property and the Receiver's claim for unjust enrichment and imposition of a constructive trust, the legal and beneficial ownership interest of the Federal Property and Birch Property belong to Plaintiff as Receiver. It is appropriate that the Court's judgment divest tide to those properties from Aksiban and vest title to the properties in the name of Plaintiff as Receiver

18 Case 1:16-cv FAM Document 26 Entered on FLSD Docket 08/29/2016 Page 13 of 14 V. CONCLUSION Plaintiff respectfully submits that it is entitled to a default judgment against defendant Aksiban as requested in the motion which this Memorandum supports. Dated August 29, 2016 Respectfully submitted, By: /s/ Michael E. Strauch Merrick L. Gross Florida Bar No Michael E. Strauch Florida Bar No CARLTON FIELDS Miami Tower 100 S.E. 2"d Street, Suite 4200 Miami, Florida Tel: (305) Fax: (305) mgross@carltonfields.com powers@carltonfields.com mstrauch@carltonfields.com iabay@carltonfields.com Local Counsel for Plaintiff By: /s/gary Owen Caris Gary Owen Caris Appearing Pro Hac Vice California Bar No Lesley Anne Hawes Appearing Pro Hac Vice California Bar No DIAMOND MCCARTHY LLP 1999 Avenue of the Stars, Suite 1100 Los Angeles, CA Tel: (310) Fax: (424) gcaris@diamondmccarthy.com lhawes@diamondmccarthy. com Lead Counsel for Plaintiff

19 Case 1:16-cv FAM Document 27 Entered on FLSD Docket 08/29/2016 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF' FLORIDA Case Na CIV-MOR~NO ROBB EVANS &ASSOCIATES LLC as Receiver for WORLD LAW DEBT SERVICES, LLC and WORLD LAW PROCESSING, LLC, and their successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, and FAMILY CAPITAL INVESTMENT & MANAGEMENT' LLC, and its successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, v. Plaintiff, AKSIBAN LLC, a Delaware limited liability company, Defendant. DECLARATION OF GARY OWEN CARIS IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT [F.R.C.P. 55(b)] I, Uary Owen Caris, declare: I am attorney at law duly admitted to practice before the courts of the state of California and have been admitted to practice pro hac vice before the Court in this case and in the related case filed by the Consumer Financial Protection Bureau pending before the Court styled as Consumer Financial Protection Bureau v. Orion Processing, LLC, et al., U.S.D.C., S.D. Fla, Case No Civ-Cooke/Torres ("CFPB Action"). I am a Partner in the firm of Diamond McCarthy LLP, the lead counsel for plaintiff Robb Evans &Associates LLC as Receiver over World Debt Services, LLC and World Law Processing, LLC, and their successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, and Family Capital Investment &Management, LLC, and its successors, assigns, affiliates, or y41 i~fi70t:`1

20 Case 1:16-cv FAM Document 27 Entered on FLSD Docket 08/29/2016 Page 2 of 6 subsidiaries, and each of them, by whatever names each might be known ("Receiver") and counsel for Plaintiff in the CFPB Action. If called upon to testify as to the facts set forth in this declaration, I could and would testify competently thereto as the facts are personally known to me to be true. 2. I am lead counsel for the Receiver in this action and in t11e receivership proceeding in the related CFPB Action. On January 8, 2016, the Receiver filed a Complaint initiating this action against defendant Aksiban LLC, a Delaware limited liability company. On January 22, 2016, Aksiban LLC was served with the summons, Complaint and related documents by its registered agent for service of process in Delaware, as reflected in the proof of service filed in this action on February 3, 2016 as Document 12. 3, Defendant Aksiban LLC ("Defendant") was required to file a responsive pleading to the Complaint by no later than February 12, Aksiban failed to file a responsive pleading on or before February 22, Therefore, on February 25, 201 h, the Court entered its Order Directing Clerk to Enter Default, Document On February 26, 2016, the Clerk entexed the Clerk's Default, a true and correct copy of which is attached hereto as Exhibit No appearance has been made by Defendant in this action as of the date of this Declaration, and the Receiver has received no contact from Defendant since the commencement of this action and service of the Complaint. I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed this,~4 day of August 201 h at Los Angeles, California. G~~[~~ ~ ~ l:n CARIS \V I 2

21 Case 1:16-cv FAM Document 27 Entered on FLSD Docket 08/29/2016 Page 3 of 6

22 Case 1:16-cv FAM Document 27 Entered on FLSD Docket 08/29/2016 Page 4 of 6 Case 1.16-cv FAM Document 14 Entered on FLSD Docket Q2/26I2016 Pa,~e~1 ~,~ UNITED STATES DISTRICT COURT SOUTHERN rits'f1tict OF FT..ORTDA ROBE VANS &ASSOCIATES, LLC, et ~[, PLAIN'i'IC'P(5) CASE NUMBER 7 :16 cv-20 ] 22 FAM V. AKSIBAN LLC, DEFAULT BY CLERK F.R.Civ.P.55(a) I)I3FLNDAN7'(5). [t appearing that the defendants) herein, is/are in defkult for failure to appear, answer, or otherwise plead to the complaint filed herein within the time required by law. Default is hereby entered against defendants) Aksiban, C.LC as of course, on the date l~ebruary 26, 2016, STF,VrN M. LARTMOR~ CT,ERK OP COURT cc: lodge Federico A. Moreno itobb Evans &Associates, LLC DEFAULT RY CLERK r,r,civ,p.55(n) CV 37{Yi3/Gi)

23 Case 1:16-cv FAM Document 28 Entered on FLSD Docket 08/29/2016 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No CIV-MORENO ROBB EVANS &ASSOCIATES LLC as Receiver for WORLD LAW DEBT SERVICES, LLC and WORLD LAW PROCESSING, LLC, and their successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, and FAMILY CAPITAL INVESTMENT & MANAGEMENT LLC, and its successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, v. Plaintiff, AKSIBAN LLC, a Delaware limited liability company, Defendant. DECLARATION OF BRICK KANE IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT [F.R.C.P. 55(b)] I, Brick Kane, declare: I am the President and Chief Operating Officer of Robb Evans &Associates LLC. Robb Evans &Associates LLC has been appointed as Receiver over World Law Debt Services, LLC and World Law Processing, LLC, and their successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, and Family Capital Investment & Management, LLC, and its successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known (the "Receiver") in the related case filed by the Consumer Financial Protection Bureau pending before the Court styled as Consumer Financial Protection Bureau v. Orion Processing, LLC, et al., U.S.D.C., S.D. Fla. Case No Civ- Cooke/Torres ("CFPB Action"). If called upon to testify as to the facts set forth in this AV-I 1

24 Case 1:16-cv FAM Document 28 Entered on FLSD Docket 08/29/2016 Page 2 of 7 Declaration, I could and would testify competently thereto as the facts are true and within my personal knowledge. 2. I am one of the members of Robb Evans &Associates LLC primarily responsible for the administration and supervision of the receivership estate in the CFPB Action. The Court in the CFPB Action issued multiple orders pursuant to which the Receiver was appointed over various defendants and related entities, including the Preliminary Injunction with Asset Freeze, Appointment of Receiver, Expedited Discovery, and Other Equitable Relief as to Defendants Orion Processing, LLC, Bradley James Haskins, World Law Debt Services, LLC and World Law Processing, LLC ("World Law Preliminary Injunction ") attached as Exhibit 2 to the Complaint filed in this case. Pursuant to the World Law Preliminary Injunction, the Receiver was appointed receiver over the entities Warld Law Debt Services, LLC ("WL Debt") and World Law Processing, LLC ("WL Processing") and their successors, assigns, affiliates, or subsidiaries, and each of them, by whatever names each might be known, provided that the Receiver has reason to believe they are owned or controlled in whole or in part by any of the defendants in the CFPB Action. 3. I am one of the members of the Receiver responsible for the analysis and investigation of the Receivership Defendants, their business and financial records and their assets and liabilities. I have personally reviewed many of the books and records of the entities subject to the receivership in the CFPB Action, including financial and banking records of the receivership entities WL Debt and WL Processing, as well as the related and affiliated entity WLD Price Global, Inc. ("WLD Price Global"). I personally participated in the preparation of two reports by the Receiver filed in the CFPB Action detailing the assets and liabilities of the Receivership Defendants and their prior operations and activities. I am one of the members of the Receiver responsible for locating and administering assets of the Receivership Defendants for the benefit of the receivership estate in the CFPB Action. The facts set forth in this declaration are facts which I know to be true of my own personal knowledge or I have gained knowledge of the facts through my work in investigating, supervising and administering the receivership estate VV-I 2

25 Case 1:16-cv FAM Document 28 Entered on FLSD Docket 08/29/2016 Page 3 of 7 under the World Law Preliminary Injunction. I regularly monitor filings and activities in the CFPB Action, particularly as they affect the receivership estate. 4. Bradley Haskins ("Haskins") is named as a defendant in the CFPB Action. Haskins is the principal and owner of named receivership entities WL Debt and WL Processing. Haskins was listed as the CEO of WLD Price Global in its latest corporate filing. 5. The Receiver filed this action against defendant Aksiban LLC, a Delaware limited liability company ("Aksiban"), in order to recover for the benefit of the receivership estate two real properties, title to which is held in the name of Aksiban but which were paid for with funds transferred by WLD Price Global without any consideration received by WLD Price Global for the transfers. As a Receivership Defendant, all assets of Aksiban constitute receivership property subject to the exclusive possession and control of the Receiver pursuant to Section XIII of the World Law Preliminary Injunction. 6. Based on the Receiver's investigation of the banking, financial and other records of the Receivership Defendants, the Receiver has determined that WLD Price Global operated what purported to be a consortium of international law firms through World Law Group. WLD Price Global and various other entities affiliated with WL Debt and WL Processing through the "World Law Group" consortium which were under the ownership and control of Haskins purported to provide debt relief services and engaged in practices that violated consumer protection laws, including without limitation the Telemarketing Sales Rules ("TSR"), 16 C.F.R. section 310.3(a)(2)(II) and (x) and the Consumer Financial Protection Act ("CFPA"), 12 U.S.C. sections 5531(a) and 5536(a)(1) and 15 U.S.C. section 6102(c)(2) and the laws of several states. The CFPB has also alleged that these entities also engaged in deceptive and fraudulent practices in violation of applicable law to the injury of consumers by (a) collecting advance fees from consumers in connection with promises to provide consumers debt relief services and legal representation by local attorneys in their state and not providing the promised legal representation; and (b) engaging in deceptive marketing practices for the debt relief services and legal representation services they promised to provide consumers (the "fraudulent scheme") VV-I 3

26 Case 1:16-cv FAM Document 28 Entered on FLSD Docket 08/29/2016 Page 4 of 7 7. Since at least 2010, state and federal government agencies and consumers who dealt with WL Debt and WL Processing had potential claims against WL Debt and WL Processing and their affiliate WLD Price Global for violation of applicable consumer protection laws. When the Receiver filed the Complaint initiating this action, the amount of the claims of such consumers and government agencies ("Consumer Injury Claims") had not yet been finally determined. However, on July 5, 2016, the CFPB filed a motion for entry of default judgments against certain of the defendants in the CFPB Action, including WL Debt and WL Processing. The Court in the CFPB Action entered a default judgment for equitable monetary relief against WL Debt and WL Processing in the amount of $106,813,049 on August 1, A true and correct copy of the default judgment, Document 104 in the CFPB Action, is attached hereto as Exhibit 1. In addition, defendants Derin Scott and David Klein have recently stipulated to judgment in favor of the CFPB, jointly and severally, in the identical sum of $106,813,049. A true and correct copy of the Stipulated Final Judgment and Order Against Defendants Derin Scott, David Klein and Relief Defendant Shannon Scott is attached hereto as Exhibit 2. Haskins has not yet been served with the summons and complaint in the CFPB Action and the CFPB has asked the Court in the CFPB Action to authorize service by alternative means since the CFPB has been unable to locate Haskins and believes he has been living in Europe since the CFPB Action was filed. 8. Based on the judgment of over $106 million, the World Law Receivership Defendants have been insolvent at all times since at least January 1, 2011 have been insolvent, in that their liabilities far exceed their assets. Since at least May 2013, the State of North Carolina and the State of Connecticut commenced actions or proceedings against certain defendants in the CFPB Action including Haskins, the World Law Group and WL Debt, alleging violations of applicable consumer protection laws since in or about 2010 when Haskins and World Law Group began their debt relief services and began perpetrating the fraudulent scheme. The Receiver has investigated the assets of the receivership entities under the World Law Preliminary Injunction and has located and gathered or is in the processing of gathering all available receivership assets VV-I D