Case 3:09-cv N Document 5 Filed 02/17/2009 Page 1 of 7 ORIGINAL

Similar documents
Case 3:09-cv N Document 8 Filed 02/17/2009 Page 1 of 10 U.S. DISTRICT COURT :NORTHERN DISTRICT OF TEXAS FILED ---'-----,

Case 3:18-cv M Document 62 Filed 03/09/18 Page 1 of 10 PageID 1084

Case 4:17-cv ALM Document 26 Filed 06/02/17 Page 1 of 3 PageID #: 543

Case 4:15-cv DLH-CSM Document 5 Filed 05/05/15 Page 1 of 11

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 2:15-cv GMN-PAL Document 62 Filed 06/16/16 Page 1 of 6

Case 2:16-cv JNP Document 8 Filed 07/26/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

Case 3:11-cv JBA Document 200 Filed 05/13/11 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Securities and Exchange Commission v. Ingles Markets, Inc. Doc. 6 Case 1:06-cv LHT-DLH Document 6 Filed 04/28/2006 Page 1 of 8

Case 1:18-cv RWZ Document 53-1 Filed 04/05/18 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Case 3:17-cv VAB Document 11 Filed 04/18/17 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

Case 3:16-cv EMC Document 311 Filed 02/12/18 Page 1 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

DISTRICT COURT, DENVER COUNTY, COLORADO Bannock Street Denver, CO GERALD ROME, Securities Commissioner for the State of Colorado,

Case 1:14-cv CRC Document 222 Filed 10/03/18 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

Case 1:15-cv JMS-MJD Document 177 Filed 06/30/17 Page 1 of 6 PageID #: 891

Case: 1:12-cv CAB Doc #: 4 Filed: 07/31/12 1 of 8. PageID #: 84 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:05-cv MSK -CBS Document 843 Filed 01/21/11 USDC Colorado Page 1 of 7

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 2:09-cv JP Document Filed 11/29/10 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case 3:18-cv L Document 6-5 Filed 07/03/18 Page 1 of 9 PageID 97 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

: SECURITIES AND EXCHANGE COMMISSION, : : 01 Civ (BSJ) Plaintiff, : : : v. : PARTIAL FINAL : JUDGMENT AND

Case 1:03-cv LJM-TAB Document 745 Filed 05/22/07 Page 1 of 8 PageID #: 8174

Case 1:18-cv AJN Document 6 Filed 09/29/18 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Case: 1:17-cv Document #: 8-1 Filed: 09/06/17 Page 397 of 420 PageID #:481

Case 1:09-cv EJL Document 5 Filed 02/26/2009 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

GAZETTE OF INDIA EXTRA-ORDINARY. PART (II) OF SECTION 3, SUB-SECTION (ii) PUBLISHED BY AUTHORITY SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION

Case 1:14-cv CRC Document 238 Filed 03/08/19 Page 1 of 11

Case 3:16-cv PK Document 2 Filed 03/10/16 Page 1 of 4

Case 1:15-cv BAH Document 1 Filed 03/03/15 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY. No.

Case 1:18-cv ER Document 71 Filed 12/27/18 Page 1 of 13

Case 6:18-cv RBD-DCI Document 107 Filed 09/10/18 Page 1 of 27 PageID 5933

Case: 5:13-cv KSF-REW Doc #: 132 Filed: 05/24/13 Page: 1 of 27 - Page ID#: 5323

Case Number: CIV-MARTINEZ-GOODMAN DEFAULT FINAL JUDGMENT AS TO DEFENDANTS YOUR YELLOW PAGES. INC., CITY PAGES. INC..

ALABAMA SECURITIES COMMISSION ADMINISTRATIVE CODE CHAPTER 830-X-6 EXEMPT SECURITIES AND EXEMPT TRANSACTIONS TABLE OF CONTENTS

(--L DEPT i CLEW FILED SECURITIES AND EXCHANGE COMMISSION, ) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI CASE NO.

muia'aiena ED) wnrn 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA

Case 2:13-cv CW Document 2 Filed 06/24/13 Page 1 of 11

Sec. 202(a)(1)(C). Disclosure of Negative Risk Determinations about Financial Company.

Case 0:09-cv MJD-JJK Document 14 Filed 11/23/09 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

Case 0:18-cv CMA Document 58 Entered on FLSD Docket 06/06/2018 Page 1 of 27 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 4:17-cv ALM Document 17 Filed 05/15/17 Page 1 of 18 PageID #: 499

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. CASE No.: COMPLAINT

Case 2:13-cv DBP Document 2 Filed 06/21/13 Page 1 of 10

STIPULATED PRELIMINARY INJUNCTION WITH AN ASSET FREEZE AND OTHER EQUITABLE RELIEF

Case 2:13-cv DAK Document 2 Filed 06/24/13 Page 1 of 10

Case 2:13-cv DAK Document 2 Filed 06/19/13 Page 1 of 10

Case 1:15-cv MGC Document 28 Entered on FLSD Docket 09/02/2015 Page 1 of 67 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. Plaintiff, Civil Action No. 3:16-CV-1735-D VS. Defendants.

A DEVELOPMENT IN INSIDER TRADING LAW IN THE UNITED STATES: A CASE NOTE ON CHIARELLA v. UNITED STATES DOUGLAS W. HAWES *

Capital Markets and Services (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Capital Markets and Services Act 2007.

ALI-ABA Course of Study Regulation D Offerings and Private Placements

Case 2:10-cv PA -PJW Document 1 Filed 08/17/10 Page 1 of 26 Page ID #:10

Case 8:16-cv BRO-AFM Document 59 Filed 06/27/16 Page 1 of 35 Page ID #:3101 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Federal Trade Commission v. Global Marketing Group, Inc., et al. CASE No. 8:06 CV-2272-T-30TGW

Case 1:19-cv DLC Document 1 Filed 01/03/19 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

15 USC 80b-3. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 [15 OF 1992] [AS AMENDED UP TO DATE] CHAPTER I PRELIMINARY

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION Case No. 3:17-CV-292

Case 2:16-cv JNP Document 179 Filed 03/05/19 Page 1 of 8

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

NO. THE STATE OF TEXAS, IN THE DISTRICT COURT Plaintiff

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff,

Case 3:16-cv Document 1 Filed 11/11/16 Page 1 of 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA. Case No. Plaintiff, Defendants

Case 1:12-cv SAS Document 26 Filed 08/20/13 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

EBERHARD SCHONEBURG, ) SECURITIES LAWS

Case 2:16-cv SJO-SS Document 38 Filed 03/24/16 Page 1 of 30 Page ID #:1182

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. Case No.: Plaintiff, Defendants

Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows:

United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORIGINAL COMPLAINT

C V CLASS ACTION

ADOPTED REGULATION OF THE ADMINISTRATOR OF THE SECURITIES DIVISION OF THE OFFICE OF THE SECRETARY OF STATE. LCB File No. R016-02

IN THE CIRCUIT COURT OF ST. LOUIS CITY STATE OF MISSOURI

Case 3:18-cv MMA-NLS Document 11 Filed 06/29/18 PageID.756 Page 1 of 32 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 1:14-cv PGG Document 2 Filed 04/23/14 Page 1 of 18 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Case 1:18-cv RDB Document 11 Filed 09/13/18 Page 1 of 26 Case 1:18-cv RDB *SEALED* Document 3-6 Filed 09/13/18 Page 2 of 27 n

EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COUNT 1 (Conspiracy) THE DEFENDANTS

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE. Case No.:

11? "76WiA, y01\v7-aikt ' DAVID DE

FEDERAL TRADE COMMISSION, Plaintiff,

Case 1:11-cv JRH -WLB Document 1 Filed 07/21/11 Page 1 of 6

THIS CAUSE came on to be heard before the undersigned judge on the plaintiff^ State of

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION

Case No. upon information and belief, except as to those allegations concerning Plaintiff, which are

) NJ Holdings, LLC (d/b/a Coast to Coast ) Business Funding), Nickolas Godfrey, )

Sec. 9 SECURITIES EXCHANGE ACT OF 1934

Ninth Circuit Establishes Pleading Requirements for Alleging Scheme Liability Under 10(b) and Rule 10b-5(a) of the Securities Exchange Act of 1934

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA. Plaintiff, I COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE CHATTANOOGA DIVISION. Plaintiff,

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. Plaintiff, DRAFT. Defendants. CLASS ACTION COMPLAINT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. Plaintiff, DRAFT. Defendants.

Case 2:14-cv CW Document 9 Filed 04/24/14 Page 1 of 26

Transcription:

Case 3:09-cv-00298-N Document 5 Filed 02/17/2009 Page 1 of 7 ORIGINAL V.S. DISTRICT COURT NORTHERN DISTRICT OF TEXAS IN THE UNITED STATES DISTRICT CO RT FILED FOR THE NORTHERN DISTRICT OF T XAS DALLAS DIVISION SECURITIES AND EXCHANGE COMMISSION, v. Plaintiff, STANFORD INTERNATIONAL BANK, LTD., STANFORD GROUP COMPANY, STANFORD CAPITAL MANAGEMENT, LLC, R. ALLEN STANFORD, JAMES M. DAVIS, and LAURA PENDERGEST-HOLT Defendants. FEB 17. C~~RK, V.S. D~CT COURT Dlputy Case No.: S-09CV029S-L APPLICATION FOR ISSUANCE OF A TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND ORDERS FREEZING ASSETS, REQUIRING AN ACCOUNTING, REQUIRING PRESERVATION OF DOCUMENTS, AND AUTHORIZING EXPEDITED DISCOVERY Plaintiff Securities and Exchange Commission ("Commission"), pursuant to Sections 20(b) and 20(d) ofthe Securities Act of 1933 ("Securities Act") [15 U.S.C. 77t(b) and 77t(d)], Sections 21(d) and 21(e) ofthe Securities Exchange Act of 1934 ("Exchange Act") [15 U.S.C. 78u(d) and 78u(e)], Sections 41(d) and 41(e) ofthe Investment Company Act of 1940 ("Investment Company Act") [15 U.S.C. 80a-41(d) and 80a-41 (e)], Sections 209(d) and 209(e) of the Investment Advisers Act of 1940 ("Advisers Act") [15 U.S.C. 80b-9(d) and 80b-9(e)], and this Court's general equitable jurisdiction to issue orders providing ancillary remedies and relief, requests that this Court issue temporary reliefas follows: 1. Orders temporarily restraining and preliminarily enjoining: A. Defendants, their officers, directors, agents, servants, employees, attorneys, and all other persons in active concert or participation with them, from

violating Section 17(a) of the Securities Act [15 U.S.C. 77q(a)], directly or Case 3:09-cv-00298-N Document 5 Filed 02/17/2009 Page 2 of 7 indirectly, in the offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by the use ofthemails.by: (1) employing any device, scheme, or artifice to defraud; or (2) obtaining money or property by means of any untrue statement of material fact or any omission to state a material fact necessary in order to make the statement(s) made, in the light of the circumstances under which they were made, not misleading; or (3) engaging in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser; B. Defendants, their officers, directors, agents, servants, employees, attorneys, and all other persons in active concert or participation with them, from violating Section lo(b) ofthe Exchange Act or Rule lob-5 [15 U.S.C. 78j(b) and 17 C.F.R. 240.1 Ob-5], directly or indirectly, in connection with the purchase or sale of any security, by making use of any means or instrumentality of interstate commerce, or ofthe mails, or ofany facility ofany national securities exchange: (1) to use or employ any manipulative or deceptive device or contrivance in contravention of the rules and regulations promulgated by the Commission; (2) to employ any device, scheme, or artifice to defraud; (3) to make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the 2

light of the circumstances under which they were made, not Case 3:09-cv-00298-N Document 5 Filed 02/17/2009 Page 3 of 7 misleading; or (4) to engage in any act, practice, or course ofbusiness which operates or would operate as a fraud or deceit upon any person; C. R. Allen Stanford, James M. Davis, Laura Pendergest-Holt, Stanford Group Company, Stanford Capital Management, LLC, their officers, directors, agents, servants, employees, attorneys, and all other persons in active concert or participation with them, from violating Sections 206(1) and 206(2) ofthe Advisers Act [15 U.S.C. 80b-6(1), (2)], directly or indirectly, by use of the mails or any means or instrumentality ofinterstate commerce, by: (1) employing any device, scheme, or artifice to defraud any client or prospective client; or (2) engaging in any transaction, practice, or course of business which operates as a fraud or deceit upon any client or prospective client; D. Stanford International Bank, Ltd., Stanford Group Company, their officers, directors, agents, servants, employees, attorneys, and all other persons in active concert or participation with them, from violating Section 7(d) of the Investment Company Act [15 U.S.c. 80a-7(d)], directly or indirectly, by use of the mails or any means or instrumentality ofinterstate commerce, by: (1) acting as an investment company, not organized or otherwise created under the laws of the United States or of a State, and offering for sale, selling, or delivering after sale, in connection SEC v. Stanford International Bank, Ltd., et a/. 3

with a public offering, any security of which such company is the Case 3:09-cv-00298-N Document 5 Filed 02/17/2009 Page 4 of 7 Issuer; or (2) acting as a depositor of, trustee of, or underwriter for such a company; unless (3) the Commission, upon application by the investment company not organized or otherwise created under the laws ofthe United States or of a State, issues a conditional or unconditional order permitting such company to register and to make a public offering of its securities by use of the mails and means or instrumentalities of interstate commerce. 2. An order prohibiting Defendants, their respective officers, directors, agents, assigns, servants, employees, attorneys, and all other persons in active concert or participation with them, including any bank, securities broker-dealer, or any financial or depository institution, who receives actual notice ofthis Order by personal service or otherwise, from directly or indirectly assigning, transferring, conveying, encumbering, selling, dissipating, spending, ordisbursing properties owned by or in actual or constructive possession ofthese Defendants. 3. An order requiring Defendants to file with this Court and serve upon Plaintiff Commission within ten days ofthe issuance ofthis order or three days prior to anyhearing on the Commission's Motion for Preliminary Injunction, whichever is sooner, an interim accounting, under oath: (l) detailing all monies and other benefits which each received, directly or indirectly, as a result of the activities alleged in the Complaint (including the date on which the monies or other benefit was received and the name, address, and telephone number ofthe person paying the money or providing the benefit); (2) listing all current assets wherever they may be located and 4

Case 3:09-cv-00298-N Document 5 Filed 02/17/2009 Page 5 of 7 by whomever they are being held (including the name and address ofthe holder and the amount or value of the holdings); and (3) listing all accounts with any financial or brokerage institution maintained in the name of, on behalf of, or for the benefit of the Defendants (includi.ng the name and address ofthe account holder and the account number) and the amount held in each account at any point during the period from January 1, 2000 through the date ofthe accounting. 4. An order prohibiting Defendants, their officers, directors, agents, servants, employees, attorneys, and all other persons in active concert or participation with them, including. any bank, securities broker-dealer, or any financial or depository institution, who receives actual notice of this Order by personal service or otherwise, from destroying, removing, mutilating, altering, concealing, or disposing of, in any manner, any books and records owned by, or pertaining to, the financial transactions and assets ofdefendants or any entities under their control. 5. An order authorizing the Commission to serve process on, and give notice of these proceedings and the relief granted herein to, Defendants by u.s. Mail, e-mail, facsimile, or any other means authorized by the Federal Rules ofcivil Procedure. 6. An order authorizing expedited discovery consistent with the following guidelines: A. Any party may notice and conduct depositions upon oral examination and may request production of documents or other things for inspection or copying, or both, from parties and nonparties prior to the expiration of thirty (30) days after service of a summons and Plaintiff Commission's Complaint upon Defendants. B. Any party may notice and conduct depositions upon oral examination subject to minimum notice ofthree days. 5

C. All parties shall produce for inspection and copying all documents and Case 3:09-cv-00298-N Document 5 Filed 02/17/2009 Page 6 of 7 things that are requested within three days of service of a written request for those documents and things. D. All parties shall serve written responses to any other party's request for discovery and the interim accountings to be provided by Defendants by delivery to Plaintiff Commission addressed as follows: UNITED STATES SECURITIES AND EXCHANGE COMMISSION Fort Worth Regional Office Attention: David Reece Burnett Plaza, Suite 1900 801 Cherry Street, Unit #18 Fort Worth, TX 76102-6882 Facsimile: (817) 978-4927 and by delivery to other parties at such address(es) as may be designated by them in writing. Such delivery shall be made by the most expeditious means available, including facsimile machine. 7. An order requiring Stanford, Davis, and Pendergest-Holt to surrender their passports, pending the determination of the Commission's request for a preliminary injunction, and barring them from traveling outside the United States. 8. An order, pending determination of the Commission's request for a Preliminary Injunction, that Defendants, their directors, officers, agents, servants, employees, attorneys, depositories, banks, and those persons in active concert or participation with anyone or more of them, and each ofthem, shall: (a) take such steps as are necessary to repatriate to the territory of the United States all 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 6

Case 3:09-cv-00298-N Document 5 Filed 02/17/2009 Page 7 of 7 deposit such funds into the Registry ofthe United States District Court, Northern District oftexas; and (b) provide the Commission and the Court a written d~scription of the funds and assets so repatriated. This Application for Issuance of a Temporary Restraining Order, Preliminary Injunction, and Orders Freezing Assets, Requiring an Accounting, Requiring Preservation of Documents, and Authorizing Expedited Discovery is based on Plaintiff Commission's Complaint, supporting - memorandum, declarations and exhibits thereto, and the argument of counsel. February 16, 2009 Respectfully submitted, U.S. Securities and Exchange Commission Burnett Plaza, Suite 1900 801 Cherry Street, Unit #18 Fort Worth, TX 76102-6882 (817) 978-6476 (dbr) (817) 978-4927 (fax) SEC v. Stanford International Bank, Ltd., et at. 7