Securities and Exchange Commission v. Newpoint Financial Services Inc et al, No. 2:2010cv00124 - Document 476 (C.D. Cal. 2013)
Court Description: FINAL JUDGMENT AS TO RELIEF DEFENDANT QUIFF INVESTMENTS, LTD by Judge Dean D. Pregerson: The freezeof the assets of Relief Defendant in Quiffs account at Interactive Brokers shall be immediately lifted, all funds shall be and are unfrozen, all restra ints against release or disbursement of the monies in the account shall be and are dissolved, and all of the monies currently subject to the asset freeze shall be released and/or disbursed forthwith directly by Interactive Brokers. US $68,073.0 3 to Farid Goharchin; US$130,769.42 to Bahram Kahenassa; US $2,932,017 to Amir Khalili; Quiffs attorneys Kaplan, Kenegos & Kadin shall be paid US $250,800.00 representing costs and attorneys fees; The balance of funds in the approximate sum of US $2,108,106.58 shall be disbursed 50% to the Receiver James Donell (see document for specific instructions). The Commissions Complaint against Quiff shall be, and hereby is, dismissed with prejudice. (lc)
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Securities and Exchange Commission v. Newpoint Financial Services Inc et al 1 2 3 4 5 6 7 Doc. 476 JOHN B. BULGOZDY, Cal Bar. No. 219897 Email: bulgozdyj@sec.gov BERNARD B. SMYTH III, Cal. Bar No. 217741 Email: smythb@sec.gov Attorneys for Plaintiff Securities and Exchange Commission Michele Wein Layne, Regional Director John M. McCoy III, Associate Regional Director John W. Berry, Regional Trial Counsel 5670 Wilshire Boulevard, 11th Floor Los Angeles, California 90036 Telephone: (323) 965-3998 Facsimile: (323) 965-3908 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 SECURITIES AND EXCHANGE COMMISSION, 13 Plaintiff, 14 15 16 vs. NEWPOINT FINANCIAL SERVICES, INC.; JOHN FARAHI; GISSOU RASTEGAR FARAHI; and ELAHEH AMOUEI, 17 18 19 20 Case No. CV 10-00124 DDP (JEMx) FINAL JUDGMENT AS TO RELIEF DEFENDANT QUIFF INVESTMENTS, LTD. NO JS-6 Defendants, and TRIPLE “J” PLUS, LLC; QUIFF INVESTMENTS, LTD.; JUSTIN P. FARAHI; and JOSHUA A. FARAHI, 21 Relief Defendants. 22 23 24 25 26 27 28 Rev07022013 Dockets.Justia.com 1 The Securities and Exchange Commission having filed a Complaint and 2 Relief Defendant Quiff Investments, Ltd. (“Quiff”) having entered a general 3 appearance; consented to the Court’s jurisdiction over Relief Defendant and the 4 subject matter of this action; and consented to entry of this Final Judgment without 5 admitting or denying the allegations of the Complaint (except as to jurisdiction); 6 waived findings of fact and conclusions of law; and waived any right to appeal 7 from this Final Judgment: 8 I. 9 10 IT IS HEREBY ORDERED, ADJUSTED, AND DECREED that the freeze 11 of the assets of Relief Defendant in Quiff’s account number XXXX625 at 12 Interactive Brokers shall be immediately lifted, all funds shall be and are unfrozen, 13 all restraints against release or disbursement of the monies in the account shall be 14 and are dissolved, and all of the monies currently subject to the asset freeze shall 15 be released and/or disbursed forthwith directly by Interactive Brokers as follows: a. 16 The following Quiff investors shall be paid the balance of their 17 investments, plus interest at the agreed rate, in the following 18 amounts: (the names of the investors shall be redacted from this 19 publicly filed Consent and Consent Judgment, the unredacted 20 copies shall be filed under seal with the Court and the names of 21 the investors and the unredacted copies of this Consent and the 22 Consent Judgment shall not be disclosed to any party or entity 23 not a party to this Consent or the Consent Judgment): i. 24 US $68,073.03 to Farid Goharchin with such funds 25 being unfrozen and released to the Quiff Investments, 26 Ltd. account at Interactive Brokers, account number 27 xxxx625 for the benefit of Farid Goharchin; 28 Rev07022013A 1 ii. 1 US$130,769.42 to Bahram Kahenassa with such funds 2 being unfrozen and released to the Quiff Investments, 3 Ltd. account at Interactive Brokers, account number 4 xxxx625 for the benefit of Bahram Kahenassa; and iii. 5 €2,171,864.97 (US $2,932,017 at $1.35/Euro) to Amir 6 Khalili with such funds being unfrozen and released 7 to the Quiff Investments, Ltd. account at Interactive 8 Brokers, account number xxxx625 for the benefit of 9 Amir Khalili. b. Quiff’s attorneys Kaplan, Kenegos & Kadin shall be paid US 10 11 $250,800.00 representing costs and attorneys’ fees, and Interactive 12 Brokers shall remit such funds to “Kaplan, Kenegos & Kadin, 13 9150 Wilshire Boulevard, Suite 175, Beverly Hills, California 14 90212” or wire transferred to the Kaplan law firm’s account. 15 c. 16 The balance of funds in the approximate sum of US 17 $2,108,106.58 shall be disbursed 50% to the Receiver James 18 Donell (and Interactive Brokers shall remit such funds to 19 “Receiver James Donell”, 9401 Wilshire Boulevard, Ninth 20 Floor, Beverly Hills, California 90212, or wire transfer to the 21 Receiver’s account) and 50% shall be unfrozen and released to 22 Quiff Investments, Ltd. at Quiff’s Interactive Brokers, account 23 number xxxx625 for the benefit of Quiff Investments, Ltd. 24 25 II. 26 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 27 Commission’s Complaint against Quiff shall be, and hereby is, dismissed with 28 prejudice. Rev07022013A 2 III. 1 2 3 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the terms of the Consent are incorporated herein. 4 IV. 5 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this 6 Court shall retain jurisdiction of this matter for the purposes of enforcing the terms 7 of this Final Judgment. 8 9 10 Dated: December 13, 2013 HONORABLE DEAN D. PREGERSON UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rev07022013A 3
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