Securities and Exchange Commission v. Vassallo et al
Filing
223
ORDER re #222 Proposed Order, signed by Senior Judge Lawrence K. Karlton on 3/3/2010. Receiver is hereby authorized to act on behalf of Veritas Foundation to transfer the title of the Lexus purchased with EIMT investor funds and to take all other actions necessary to achieve the purpose of this order.(Kastilahn, A)
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1 FUTTERMAN DUPREE DODD CROLEY MAIER LLP JAMIE L. DUPREE (158105) 2 JAIME E. GODIN (233187) 180 Sansome Street, 17th Floor 3 San Francisco, CA 94104 Telephone: (415) 399-3840 4 Facsimile: (415) 399-3838 jdupree@fddcm.com 5 jgodin@fddcm.com 6 Attorneys for Receiver Stephen E. Anderson 7 8 9 10 11 SECURITIES AND EXCHANGE COMMISSION, 12 Plaintiff 13 v. 14 ANTHONY VASSALLO, et al, 15 Defendants. 16 17 18 On April 30, 2009, this Court filed the Order Appointing Temporary Receiver for Equity UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO Case No. CV 09-000665 LKK-DAD ORDER AUTHORIZING RECEIVER TO ACT ON BEHALF OF VERITAS FOUNDATION TO TRANSFER LEXUS LX570 Date: Time: Location: Judge: October 26, 2009 10:00 a.m. Courtroom 4, 15th Floor Hon. Lawrence K. Karlton
19 Investment Management and Trading, Inc. ("EIMT") and Order to Show Cause for Appointment 20 of Permanent Receiver ("OAR") and on July 31, 2009, the Court filed an Order permanently 21 appointing Receiver. Pursuant to the OAR, for good cause shown, and in order to empower and 22 authorize the Receiver to carry out his duties and obligations, 23 24 THE COURT FINDS AND ORDERS AS FOLLOWS: The Court has previously approved a settlement with Defendant Anthony Vassallo's ex-
25 wife, Melissa McLeod, regarding the recovery of a Lexus LX570 VIN# JTJHY00W784010266 26 (the "Lexus") that was purchased with Defendant Equity Investment Management and Trading, 27 Inc. ("EIMT") investor funds. The Court approved that settlement in an order filed on December 28 9, 2009 (Doc. No. 200), and authorized Receiver to recover the Lexus and sell it. FUTTERMAN DUPREE 1
DODD CROLEY MAIER LLP
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[PROPOSED] ORDER AUTHORIZING RECEIVER TO ACT ON BEHALF OF VERITAS FOUNDATION TO TRANSFER LEXUS CASE NO. CV 09-000665 LKK-DAD
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Defendant Anthony Vassallo transferred EIMT funds to his personal bank account and
2 then used a check from his personal bank account to purchase the Lexus from Lexus of 3 Sacramento on or about May 31, 2008. At the time of purchase, Vassallo registered the vehicle 4 in the name of "Veritas Foundation." Receiver's investigation has not located a legal entity 5 entitled "Veritas Foundation" that is affiliated with EIMT or Vassallo. The address used for 6 "Veritas Foundation" by Vassallo was identical to Vassallo's address on his personal check, and 7 Receiver believes that "Veritas Foundation" was Vassallo's alter ego. Vassallo later transferred 8 the Lexus to his ex-wife in a divorce settlement, but title was never legally transferred to her. 9 When a duplicate title was finally issued and delivered to Receiver, it was issued in the name of 10 Veritas Foundation. 11 Veritas Foundation was Vassallo's alter ego. Receiver is hereby authorized to act on
12 behalf of Veritas Foundation to transfer the title of the Lexus purchased with EIMT investor 13 funds and to take all other actions necessary to achieve the purpose of this order. 14 15 16 Dated: March 3, 2010 17 18 19 20 21 22 23 24 25 26 27 28
FUTTERMAN DUPREE DODD CROLEY MAIER LLP
IT IS SO ORDERED.
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[PROPOSED] ORDER AUTHORIZING RECEIVER TO ACT ON BEHALF OF VERITAS FOUNDATION TO TRANSFER LEXUS CASE NO. CV 09-000665 LKK-DAD
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