Securities and Exchange Commission v. Vassallo et al
Filing
283
ORDER signed by Senior Judge Lawrence K. Karlton on 5/7/10 ORDERING Ticor Title Las Vegas to Produce Documents and Information Concering the Purchase of 2845 Loveland Drive #274 . (Becknal, R)
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1 FUTTERMAN DUPREE DODD CROLEY MAIER LLP JAMIE L. DUPREE (158105) 2 JAIME G. TOUCHSTONE (233187) 180 Sansome Street, 17th Floor 3 San Francisco, CA 94104 Telephone: (415) 399-3840 4 Facsimile: (415) 399-3838 jdupree@fddcm.com 5 jtouchstone@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 DIRECTING TICOR TITLE LAS VEGAS TO PRODUCE DOCUMENTS AND INFORMATION CONCERNING THE PURCHASE OF 2845 LOVELAND DRIVE Judge 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 HEREBY FINDS AND ORDERS AS FOLLOWS: On November 7, 2007, and November 8, 2007, $2,000,000 of EIMT investor funds were
25 transferred to Jeff Dennis Ferentz (a California attorney) and/or Jeff Dennis Ferentz, Inc. 26 (collectively "Ferentz"), in connection with a "bank sanctioned high yield project funding 27 program." 28 ///
FUTTERMAN DUPREE DODD CROLEY MAIER LLP
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[PROPOSED] ORDER DIRECTING TICOR TITLE LAS VEGAS TO PRODUCE DOCUMENTS AND INFORMATION CASE NO. CV 09-000665 LKK-DAD
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This Court previously issued orders authorizing banks and financial institutions to assist
2 Receiver in tracing the EIMT investor funds transferred to Ferentz including funds transferred 3 from Jeffrey Dennis Ferentz, Inc. to entities controlled by Mr. Ferentz, including "Nevada 4 Securities Arbitration" (Doc. Nos. 149 and 219 ), which remain in full force and effect. 5 Of the $2,000,000 in investor funds transferred by EIMT to Ferentz, $100,000 was
6 transferred to "Nevada Securities Arbitration Services, Inc." on November 13, 2007 "for 7 Vassallo." The same day, check No. 2283 was made payable from that entity to Wells Fargo 8 Bank in the amount of $76,552.79 with the "for" notation of "Land Rover Newport Beach." 9 On April 27, 2010, this Court issued an order directing Land Rover of Newport Beach to
10 provide documents and information concerning the $76,552.79 transferred to it, including 11 information about any vehicle purchased, which remains in full force and effect. (Doc. 269) 12 On or before November 13, 2007, Jeff Ferentz purchased a Land Rover RR Sport SC, for
13 $81,552.79, with $5,000.00 paid via an American Express credit card in the name of Jeff Ferentz 14 and the remaining balance of $76,552.79 paid via Wells Fargo cashier's check from EIMT 15 investor funds deposited into the account of "Nevada Securities Arbitration Services, Inc." The 16 Land Rover is currently registered with the State of Nevada Department of Motor Vehicles in the 17 name of Concettina M. Ferentz. Receiver believes Ms. Ferentz is Jeff Ferentz's widow. 18 Using this information, Receiver discovered that in November 2008, Ms. Ferentz
19 purchased a piece of real property located at 2845 Loveland Drive, #3616 in Las Vegas, Nevada 20 ("Loveland Drive Property"). Escrow for the property was handled by Ticor Title Las Vegas. 21 The identifying file number for the escrow was #08039267-DA. Receiver suspects that this piece 22 of real property may have been purchased with EIMT investor funds received by Ferentz. 23 To further assist Receiver's investigation in tracing the EIMT funds transferred to Jeff
24 Dennis Ferentz and/or Jeff Dennis Ferentz, Inc., the Court directs Ticor Title Las Vegas to 25 provide information and documentation concerning Ms. Ferentz's November 2008 purchase of 26 the Loveland Drive Property, identified as #08039267-DA, including but not limited to its escrow 27 file, statements and other documentation and information concerning any transaction related to 28 that identifying number, the source of the funds used to purchase the Loveland Drive Property, FUTTERMAN DUPREE 2
DODD CROLEY MAIER LLP
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[PROPOSED] ORDER DIRECTING TICOR TITLE LAS VEGAS TO PRODUCE DOCUMENTS AND INFORMATION CASE NO. CV 09-000665 LKK-DAD
1 receipts by, disbursements from, and transfers to/from any and all Ticor Title Las Vegas escrow 2 account(s) related to that identifying number, escrow account number(s), account holder 3 identification and details of any related transactions. 4 Ticor Title Las Vegas is hereby further directed to cooperate fully with Receiver in
5 Receiver's activities, investigation and inquiries on behalf of this Court. 6 7 8 Dated: May 7, 2010 9 10 11 12 13 14 15 16 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 DIRECTING TICOR TITLE LAS VEGAS TO PRODUCE DOCUMENTS AND INFORMATION CASE NO. CV 09-000665 LKK-DAD
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