Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 1 of 36

UN ITED STATES DI STRICT CO URT ' ""r 3!

FOR THE MIDDLE DISTRI CT OF FLORIDA
ORLANDO DIVI SIO N

" r'''''T
".;J"

FL

FEDERAL TRADE COMM ISS ION,

Plaintiff,

) NO.6:09CV202 10RL28 KRS

)
) Judge Antoon

)
)
)
)
JPM ACCELERATED SE RVICE S INC.,
)
a florida corporat ion, el a/. .
)
)
Defendants.
________________)

Magistrate Judge Spaulding

v.

STIPULATED
PRELIMINARV INJUNCT ION
AS TO DEFENDA NTS
IXE ACCELERATED
FINANC IAL CENTERS LLC
AND .JAIME M. 'lAWLEY

Plainti ff, the Federal Trade Commission (" FTC" or "Commiss ion"), filed a
Complaint for Permanent Injuncti on and Other Equitab le Reli ef pursuant to Sections 13(b)

and 19 of the Federal Trade Commiss ion Act (" FTC Act"), IS U.S .C. 53(b) and 57b, the
Telemarketing and Consumer Fraud and Abuse Prevention Act ("Telemarketing Act"), 15

U.S.C. 6 101 -6108, and the FTC's Trade Regul at ion Rule entitled "Telemarketing Sales
Rule" (the "Rule" or "TSR"). The FTC also filed an Ex Parle Motion for Temporary
Restraining Order With Asset Freeze and the Appointment of a Rece ive r, which the Court
granted on November 30, 2009.
On December 11 , 2009, the COLIrt entered an Amended Preliminary Injunction agai nst
Defendants JP M Accelerated Services Inc. , IXE Accelerated Se rvices Inc ., IXE Acce lerated
Service Centers Inc ., MGA Accelerated Services Inc., World C lass Savi ngs Inc., Accelerated
Savi ngs Inc. , B&C financia l Group Inc., Jeanie B. Robert son; Brooke Robertson; Ivan X.

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 2 of 36

Estrella; Kimberly Nelson; Paige Dent; Alexander J. Dent; Micha S. Romano; and Ashley M.
Westbrook, and extended the Temporary Restrai ni ng Order against Defendants IXE
Accelerated Financial Centers LL C and Jaime M. I-lawley through December 24, 2009, at
11 :59 p.m.

The COlllmission and Defendants IXE Accelerated Financial Centers LLC and Jai me
M. Ha wley, having been re presented by counse l and ac ting by and through such counsel,
have consented to entry of this Stipulated Preliminary Injullction as to Defendants IX E
Accelerated Financial Ce nters LLC and Jaime M. Hawley ("S tipulated Preliminary
Injunction").
NOW THEREFORE, the Commission and Defendants IXE Accelerated Financial
Cen ters LLC and Jai me M. Hawley C'Stipulating Defendants"), having requested the Court to
enter this Stipulated Preliminary Injunction, and the Court having cons idered the Stipulated
PreliminaI)' Injunction and for other cause appearing, it is ORD ERED, ADJUDGED, AND

DECREED as fo llows:
FIND INGS
I.

Thi s COUri has jurisd iction over the subject matter of thi s case and over the

Stipu lating Defendants; and the Stipulating Defendants have been properly served with
process;

2.

Venue lies properly wi th th is Cou rt ;

3.

There is good cause to be li eve that the Sti pulating Defendants have engaged

in, and are likely 10 engage in the future in, acts and practices that violate Section 5(a) of tile
Page 2 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 3 of 36

fTC Act, IS U.S.C, 45(a), as well as various provis ions orthe Te lemarketi ng Sa les Rul e
("TSR"), 16 C. F.R. Part 3 10, and that the Commi ss ion is therefore likely to preva il on the
merits or thi s acti on;
4.

There is good cause to be li eve that immed iate and irreparabl e damage to the

Court ' s abili ty to gran t effective fin<tl re lie r ror co nsumers in the rorm of monetary restitution
wi ll occur rrom the sa le, transrer, or other di sposition or concealment by the St ipulating
Derendants or their assets or co rporate records unless the St ipulati ng Defendants are
immediate ly restrained and enjoined by Order or thi s Court;
S.

Nothing herei n shall be deemed an admission of wrongdoing by the

derendants or a waiver o r any derense or priv il ege;

6.

We ighing the equities and considering Plaint iff's likelihood or ultimatc

success, a prelim inaf)' injuncti o n with asset freeze and other equitable re lier is in the pub lic
interest; and
7.

No sec urity is required orany agency orlhe United States for issuance of a

restraining order. f ed. R. Civ. P. 65(c).

DEF INITIONS
For purposes of this St ipulated Preliminary Inj unction (,'Order"), the following
definitions shall apply:
1.

" Asset "

(I I '

"Assets" mean s any lega l or equitable interest in , ri ght to, or claim

to , any real o r perso nal property, includ ing, but not limited to, "goods," " inst ruments,"
"eq uipment," "fixtures," "general intangib les," "i nventory," "checks," or " no tes" (as these
Page 3 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 4 of 36

terms are defined in the Uniform Co mmercial Code), lines of cred it, chattels, leaseho lds,
contracts, mail or o ther deli veries, shares of stoc k, li sts of co nsumer names, accounts, credi ts,
premises, receivables, fund s, and all cash, wherever located.
2.

"Ass is tin g oth ers" includes but is not limited to: ( I) perform ing customer

service funct ions, inc luding, but not limited to , receiving or res ponding to consumer
complaints; (2) formul at ing or providing, or arranging for the form ulat io n or provision of,
any sales script or other marketing material ; (3) providin g names of, or ass isting in the
generation of, potential c ustomers; (4) performing or provid ing market ing or bill ing services
of' any kind ; (5) act ing as an officer or di rector o f a business en tity; or (6) providing
te lemarketing services.
3.

"Stipulating Defendants" means Defendant s IXE Accelerated Financial

Cente rs LLC and Jaime M. Hawley, and by whatever other names eac h may be known.
4.

" Individual Defe nd,lIIts" means Jeanie B. Robertson ; Brooke Robertson;

Ivan X. Estrella ; Jaim e tv!. Hawley; Kimberly Nelson; Paige Dent; Alexander J. Dent ; Micha
S. Romano ; and Ash ley M. Westb rook, and by whatever othe r names each may be known .
5.

" C orporate Defend a nts" means JPM Accelerated Services Inc.; IXE

Accelerated Fi nancial Centers LLC; IXE Accelerated Services Inc.; IXE Accelerated Service
Centers Inc.; MGA Accelerated Services Inc.; Wo rld Class Sav ings Inc.; Accelerated Savin gs
Inc. ; and B&C Financial Group Inc.; and their Sllccessors and ass igns, as well as any
subsidiaries. and any fi ctitious business entit ies or bus iness names created or used by these
ent ities, or any ofthclll.

Page 4 or 36

Case 6:09-cv-02021-JA-KRS

6.

Document 46

Filed 12/31/2009

Page 5 of 36

" Defend a nt s" means all of thc Indi vidual Defcndants and the Corporate

Defendants, indi viduall y, co ll ecti vely, or in any co mbinati on.

7.

" Docum ent " o r " Doc um ent s" means any materials li stcd in Federal Rule of

Civ il Procedure 34(a) and includes writi ngs, drawings, graphs, charts. photographs, audio and
video recordings, compute r rccords, and other data comp il ations frolll which information can
be obtai ned and translated, if necessary, into reaso nab ly usable form through detection
devices. A draft or nonidenti ca l copy is a separate Document withi n the meani ng of the tenll.

8.

II Fin a nci:lllnstituti on tl means any bank, savings and loan inst itution, credit

un ion, or any financial deposi to ry or any ki nd , includ ing, but not lim itcd to, any brokerage
hOllSC, trustec, broker-dealer, esc row agent , title company, commodity trading company, or
prec ious metal dea ler.

9.

" Molt eri a l" means likely 10 arreCI a person's cho ice of, or conduct regard ing,

goods or scrv ices.

10.

" Per so n" mcn ns a natural pcrson, an organ izati on or other legal entity,

including a corporat ion , partnership, so le proprictorship, limited li ability company,

assoc iat ion , coopcrmi vc, or any othe r group or combinat ion acti ng as an ent ity.
I I.

" Pla int ifP' mcans the Federa l Trade Commi ssio n ("Commission" or "FTC").

12.

uT clcma rkctc IlI means any pcrson who, in co nnection with telemarketing,

initiates or rece ives telep hone ca ll s to or from a customer or donor. 16 C.F.R. 3 10.2(bb).
13.

" Telema r keti ng" means a plan, program, or campaign (whethe r o r not

covered by the Telemarket ing Sales Rule, 16 C.F.R. Part 3 10) wh ich is conducted to induce
Page 5 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 6 of 36

the purc hase of goods or services or a charitable cont ribut ion by usc of one or more
telephones.

"Receive rship Defendants" means JPM Accelerated Services Inc.; IXE

14.

Accel eratcd r inanci al Ce nters LLC; IXE Acce lera ted Services Inc.; IXE Accelerated Se rvice
Centers Inc.; l'v IG A Accelerated Services Inc.; World Class Savings Inc.; Accelerated Sav ings
Inc.; and B&C rinancial Group Inc., and their sllccessors and ass igns, as well as any
subsidiaries , and any fi ctiti ous business entities or business names created or used by these
entities, or any of them.
" National Do Not Ca ll Regis"'y" means the National Do Not Call Reg istry,

15.
which is the

" d o~ n ot~ca ll"

reg istry maintained by the Federal Trade Commission pursuant to

16 C.F. R. 3 10.4(b)( I)(iii)(B).

I.

I'IWHIIIITEO BUS INESS ACTIVITIES

IT IS THEREFORI': ORDI':RED th at Stipulating Defendant s, and their offi cers,

agent s, servants, emp loyees, and attorneys, and all other persons in acti ve concert or
participation with any of them, who rece ive acltla l noti ce of th is Order by personal se rvice or
otherwise, whether acting directl y or through any trust, corporation, subsidiary, divi sion , or
other dev ice, or any of them, in connection with the telemarketi ng, ad verti sing, promoting,
marketing, proposed sale, or sal e of any product or service, are hereby restrained and
enjoined from:

Page 6 or 36

Case 6:09-cv-02021-JA-KRS

A.

Document 46

Filed 12/31/2009

Page 7 of 36

Misrepresenting, or assisting others in mi sreprese nting, directly or indirectly,

exp ressly or by impli cat ion, any material fact, including, but not limited to:

I.

that Defendants will substantially lower consumers' credit card interest

rates in all or virtuall y all instances;

2.

that Defendants will save consumers thousands of do llars in a short

time in all or virtuall y all instances as a result of lowered credit card interest rates;
3.

that Dcfe ndant s will enable consumers to pay off their debts mllch

fas ter, typically three to five times faster, in all or virllmll y all instances, as a result of
lowered credit card interest rates; and
4.

that De fendant s will provide full refunds if consume rs do not save

thousands of dollars in a short time as a result of lowered cred it card interest rates ;

B.

Violating, or ass isting others in vio lating, any provision orthe Telemarketing

Sa les Rule, 16 C.F.R. Part 310, includin g, but not limited to:

I.

Seetion 310.3(a)(2)(i ii ) orthe TSR, 16 CFR. 310.3(a)(2)(iii), by

misrepresenting, direct ly or by implication, that:

a.

Defendants will substantially lower co nsumers' credit card

interest rates in all or virt uall y all instances;

b.

Defendants w ill save cons umers thousands of dollars in a short

time in all or virtua lly all instances as a res ult of lowered cred it
card interest rates; and

Page 7 o f 36

Case 6:09-cv-02021-JA-KRS

C.

Document 46

Filed 12/31/2009

Page 8 of 36

Defendants will enable consumers to pay ofT their debts much

faster, typically three to fi ve times faster, in all or virtually all
instances, as a res ult oflowered credit card interest rates;

2.

Section 31 0.3(a)(2)(iv) of the TSR, 16 C. F.R. 31 0.3(a)(2)(iv), by

misrepresent ing, directly or by impl icat ion, that Defendants will provide full refunds if
consumers do not save thousand s of dollars in a short time as a resu lt of lowered credit card
interest rates;
3.

Secti on 31 O.4(b)( I )(i ii)(B) of the TSR, 16 C.F.R. 3 1O.4(b)( I)(i ii)(B),

by engaging in, or causing others to engage in, initiat ing an outbound telephone call to a
person when that perso n' s telephone number is on the National Do Not Ca ll Registry;
4.

Section 310.4(b)(I)(iii)(A) of the TSR, 16 C.F.R. 310.4(b)(I)(iii)(A),

by in itiating, or causing others to initiate, an outbound telephone call to a person who

previollsly has stated that he or she docs not wish to receive an outbound telephone ca ll made
by or on behalf of the se ll er whose goods or services are being offered;
5.

Sect ion 31 O.4(b)( I )(iy) of the TSR, 16 C. F.R. 3 10.4(b)( I )(iv), by

abandoning, or causing others to abandon, an outbound te lephone call by failing to connect

the call to a sa les representative within two (2) seconds of the comp leted greeting of the
person answering the call;
6.

Seet ion 31 0.4(a)(7) of the TSR, 16 C.F .R. 31 0.4(a)(7), by failing to

transmit or cause to be transmitted the telephone number and name of the te lemarketer or
se ller to any caller identi fication service in lise by a rec ipient o f a telemarketing call;
Page 8 o f 36

Case 6:09-cv-02021-JA-KRS

7.
(2) and (3), by failing

Document 46

Filed 12/31/2009

Page 9 of 36

Section 3 1O.4(d)( I), (2) and (3) of the T SR, 16 C.F. R. 3 1O.4(d)( I),
\0

disclose truthfully, promptly and in a clear and conspicuous manner

the identity of the seiler, that th e purpose of the call is to sell goods or services, and the nature
of the goods or se rvices;
8.

Sect ion 3 10.4(b)( I)(v)(I3)(ii) of the TSR, 16 C.F. R.

310.4(b)(1)(v)(B)(ii), by initiating, or causi ng others to initiate, outbound telephone calls

delivering prereco rded messages 1hat do not prom ptl y provide the disclosures req uired by
Section 31 O.4 (d) of the T SR; anti
9.

Section 3 10.4(b)( I)(v)(A)(i)-(iv) of the TSR, 16 C. F.R.

3 1O.4(b)( 1)( v)(A)(i)-(iv), by initiating, or causing others to initiate, an outbound telephone

call that deli ve rs a prerecorded message to induce the purchase of any good or se rvice , unl ess
the seli cI' has obtained from the rec ipient orthe call an express agreement, in writing, that:
a.

The sell er obtained only after a clear and conspi cllo us

di sc los ure that the purpose of the agreement is to authori ze the
se ll er to place prerecorded call s to such person;

b.

The se ller obtained without req uiring, directly or indirectly,

that the agreement be exec uted as a condition of purchasing

any good or se rvice;

c.

Evidences the willingness of the recipi ent of the call to recei ve

calls that deliver prerecorded messages by or on bchal fof a
spec ifi c sell er; and
Pa ge 9 of 36

Case 6:09-cv-02021-JA-KRS

d.

Document 46

Filed 12/31/2009

Page 10 of 36

Includes such person 's telephone number and signature.

II.
ASSET FR ICICZE

I T I S FURT HER ORD ERED that Stipulating Defendants, and their officers, agents,
servants, employees, and attorneys, and those persons or entities in active concert or
participatio n with any of them, who rece ive aclllal notice of thi s Order by personal service or
otherwise, whether acting directly or through any trust, corporation, subsidiary, div ision, or
other device, or any of them, except as provided herein, as st ipulated by the parties, or as
directed by further order of the Court, are hereby restrained and enj oined from:
A.

Transferrin g, liquidating , converting, encumbering, pledging, loaning, se ll ing,

concealing, dissipatin g, di sbursing, assigning, spending , withdrawing, granting a lien or

security interest or other interest in, or otherwise disposing of any funds, real or personal
property, accounts, contracts, shares of stock, lists of consumer names, or other assets, or any
interest therein, whereve r located , including outs ide the territorial United States, that arc:
I.

owned, controlled, or he ld by, in who le or in part, for the benefi t of, or

subject to access by, or belonging to , any Defendant;

2.

in the actual or construc tive possess ion o rany Defe ndant; or

3.

in the actual or constructive possession of, or owned, controlled, or

held by, or subject to access by, or belonging to, any other corporation, partnership, trust, or
any other entity d irectl y or indirectly owned, managed, or contro lled by, or under common
control wilh. any Defendant, incl uding, but not limited to, any assets held by or for any
Page 10 01' 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 11 of 36

Defendant in any accou nt at any bank or sav ings and loan in stituti on, or wi th any credit card
process ing agent, automated clearing hOllse processor, network transactio n processor, bank
debi t processing agent, customer service agent, commercial mail rece ivi ng agency, or ma il
hold ing or forwarding company, or any cred it llllion, retirement fund cuslOdian, money
market or mutual fund, storage company, trustee, or with any broker-dealer, esc row age nt,
titl e company, commodity trading company, precious metal dealer, or othe r financial
insti tution o r deposi tory of any kind , either with in or olltside the territorial Uni ted States.
B.

Openi ng or caus ing to be ope ned any safe depos it boxes, commercial mail

boxes. or storage facili ties titled in the name of any Defendant, or subjec t to access by any
Defendant or under any Defendant's cont rol, wi thout providin g the Commi ss ion pri or notice
and an opportunity to inspect the conten ts in order lO determine that they con tnin no assets
covered by thi s Sec tion;
C.

Cashi ng any checks or deposi ting any payments from customers o r clients of

Defendan ts;
D.

Incurring charges or cash advances on any credi t card issued in the name,

si ngly or jointly, of any Defendant; or

E.

Incurring liens or encumbrances on real property, pe rsona l property, or other

assets in the name, singly or j oi ntl y, of any Defend ant or of any corporat ion, partnership, or
other en tity directly or indi rect ly owned, managed , or controlled by any Defendant.
Notwithstand ing the asset freeze provisions of Sections II. A-E above, and subject to
prior written agreement with the Commiss ion, Defendant Ja im e M. Hawley may, upon
Page 11 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 12 of 36

com pliance with Section IV (Financ inl Statements), infra, pay from her indi vidual personal
funds reasonable, usual , ordinary, and necessary liv ing expenses.
The funds, property, and assets affected by thi s Section shall include both ex isting
assets and assets aCCJuired after the effecti ve date of thi s Order.
Ill.
DUTIES O F THIIW PARTI ES I-IO LDI NG STIP ULATI NG DEFEN DANT S' ASSETS

IT I S FURTH ER ORD ERED that any fin ancial institution , business entity, or
perso n maintaining or hav ing custody or control of any account or other asset of any
Stipulating Defendant , or any corporat ion, partnership. or other entity directly or indirectl y
owned, managed, or controlled by, or und er common control with any Stipulating Defendant,
whi ch is served with a copy of thi s Order, or otherwise has actual or constructive knowledge
of thi s Order, shall:
A.

Hold and retain within it s contro l and prohibit the withdrawal, removal ,

assignment. transfer, pledge, hypot hecation, encumbrance, disbursement , dissipation,

convers ion, sale, liquid ati on, or other disposal of any of the assets, fund s, documents, or other
property he ld by, or under its control:
I.

on behalf of, or for the benefit of, any Stipulating Defendant or any

other party subject to Section II above;

2.

in any accoun l main tained in the name of, or for the benefi t of, or

subj ect to withdrawal by, any StipU lati ng Defendant or other party subj ect to Section II
above; and
Page 120 f 36

Case 6:09-cv-02021-JA-KRS

3.

Document 46

Filed 12/31/2009

Page 13 of 36

that are subject to access or use by , or under the signatory power of,

any Stipulating Defendant or other party subj ect to Secti on II above .

B.

Deny Stipulating Defendants access to any sa fe deposit boxes or storage

facilities that are either:

I.

titled in the nam e, individually or jointly, of any St ipu lating

Defendant, or other party subject to Sec ti on I I above; or

2.

subject to access by any Stipulating De fendant or othcr pany subj ect to

Section II above.

C.

Provide the Commiss ion, within fi ve (5) days of the dale of service of this

Order, a sworn state ment se tting fo rth:

I.

The identification num ber of each account or asset tilled in the name,

ind ividually or jointly, of any StipUlating Defendant, or held on behalf of, or for the benefit
of, any Stipu lat ing Defendant or othe r party subject to Section II above, inc ludin g all trust
account s man aged on behalf of any Stipulating Defe ndant or subj ect to any StipUlating
Defendant 's co ntrol;

2.

The balance of cach such account, or a description of the nature and

va lue of suc h asset;

3.

Thc identification and locat ion orany safe deposit box, commercial

mail box, or storage fac ility that is ei ther tit led in the name, indi vidually or jointly, of any
Stipulatin g Defendant, or is ot herwise subject to access or control by any Stipulating
Defendant or other party subjec t to Section II above, whether in whol e or in part; and
Page 13 of 36

Case 6:09-cv-02021-JA-KRS

4.

Document 46

Filed 12/31/2009

Page 14 of 36

If the account, safe deposit box, storage facili ty, or other asset has been

closed or removed, Ihe date clo sed or removed and the balance on said date .
D.

Allow representati ves of Pl ai nli fT immedi ate access to inspect and copy, or

upon Pl ainti IT's request, w ilhin fi ve (5) bus iness days of said request, prov ide the
Commission w ith copi es o f all record s o r other documentation pertaining to each such
account or assel, includin g, but not li mited to, ori ginals or copies ofacco unl application s,
account s tatemel1lS, corpo rate resolutions, signature cards, check s, drafts, deposit tickets,
transfers to and froll1lhe accounts, all other deb it and credit instrume nts or s lips, currency
transact ion reports, 1099 fo rms, and safe deposit box logs; and
E.

T hi s Section shall apply 10 exi sting accounts and assets, assets deposited or

accounts opened aft er the effecti ve date of thi s Order, and any accounts or assets maintained ,
held o r controll ed

~t

.. ny time s ince Nove mber 7, 2007. Thi s Secti on shall not prohibit

transfers in accord ance w ith any provis ion o f thi s Order, any furth er order of the Court, or by
wri nen agreem ent o flh e parties.
IV.

FINANCIAL STAT EMENTS

IT IS fURTHER ORD ER E D that, if they have not do ne so a lready in compliance
wit h the tempo rary restra ining order previoll sly iss lied in this matter, each S tipulating
Defendal11 shall se rve upon counsel for Ih e Co mmi ss ion, no later than fiv e (5) bus iness days
a ft cr entry of thi s O rd er, n completed fi na nc ial stfllcment accurate as orthe date of em I)' of
th is Order, on the fo rills served on Defendants wi th the Ex Parle Tem porary Restraining
Page 14 0 r 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 15 of 36

Order With Asset Freeze and the Appointment of a Receiver ("TRO"), signed under penalty
of pe rjury.
The fi nanc ial statements shall include assets held ou tside the territory of the United
States, shall be accurate as of the date of the entry of thi s Order, and shall be verified under
oath. St ipul ating Defenda nts shall attach to these comp leted fina nc ial statements copies of all
local, state, prov incia l, and fede ral income and property tax returns, with altachments and
schedu les, as called fo r by the in struction s to the fi nanc ial statements.

V.
MAI NTAI N RECORDS ANI) REPORT NEW IlUS rNESS ACTIVITY
IT I S FU RTH ER ORDERE D that Stipu lat ing Defendants, and their officers, agents,
se rvants, employees, and attorneys, and all other persons or entities in active concert or
participmion with any of them, who receive actual notice of thi s Orde r by personal service or
otherwise, whether ac ting d irectly o r through any trust, corporation, subsidiary, d ivision, or
o ther devi ce, or any of them, arc hereby restrained and enjoined from:
A.

f ailing to create and mai ntain books, records, accounts, bank statements,

current accoun tants' reports, general ledgers, general journals, cash rece ipt ledgers, cash
d isbursement ledgers and source documents, doc uments indicat ing ti tle to real or personal
property, and any other data which, in reasonable detail, accurate ly. fairly and complctely
re neet the incomes, di sbursements, transact ions, dispos it io ns, and uses of the St ipulat ing
Defendan ts' assets;

Page 15 of 36

Case 6:09-cv-02021-JA-KRS

B.

Document 46

Filed 12/31/2009

Page 16 of 36

Destroying, eras ing, mutilaling, concealing, alterin g, transferring, or otherwi se

di spos ing o f, in any manner, directly or ind irect ly, any Doc ument s, including electronicallystored material s, that relate in any way to the business practices or bus iness or personal
fin ances o f any Defend ant ; to the bus iness practices or finances o f entities directly or
indirectl y under the control o f any Defendant ; or to the bus iness practices or finances of
entities directl y or indirectl y under comm on control with any other Defendant ; and
C.

Creating, o pera ting, o r exercising any co ntrol ove r any new bus iness entity,

whether newly formed or previously inacti ve, includin g any partners hip, limited partnership,
joint venture, sole proprietorship, or corporati on, without first prov id ing Plainti fr with a
written statement disclos ing: (I) the name o f the bu siness entity; (2) the address and
telephone number of the bus iness entity; (3 ) the names of the bu siness entity ' s o rti cers,
direc tors, principal s, managers, and empl oyees; and (4) a detailed description of the business
entity ' s intended activiti es.
VI.

PROHIBITION ON DISCLOS ING CUSTOMER INFORMAT ION

IT I S rURTHER ORDERED that Stipulatin g De fendant s, and their o ffi cers, agents,
servants, empl oyees, and all orneys, and all other person s in acti ve concert or participation
with any of them, who rece ive actuailloti ce of thi s Order by personal service or otherw ise,
are hereby res trained and enj o ined from:
A.

Se lling, renting, leas ing, transferring, or otherwi se di sclos ing the name,

address, birth date , telephone number, email address , Social Security number, Social
Page 16 o f 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 17 of 36

Insurance number, cred it card num ber, ban k account numbe r, or othe r fi nancial or identifyin g
personal informatio n of any perso n fro m whom or about whom any De fend ant obt ained such
information in connectio n with activit ies alleged in the FTC's Complai nt ;

8.

Bene fi tt ing fro m or using the namc, address, birth date, tclcphone number,

ema il address, Social Securi ty numbcr, Soc ial Insurance number, credi t card number, bank
account num be r, o r other fin anci al or identi fy ing personal informati o n of any person fro m
whom or about whom any Defe ndan t obtained such info rmat ion in connection with activit ies
all eged in the FTC's Complai nt.
Provided, however, that Stipu lati ng Defcndants may disclose sllch fi nancia l or
identify ing personal informatio n to a law enforcemen t agency o r as reCJuired by any law,
regulation, or courl orde r.

Page 17 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 18 of 36

VI I.
PERMANENT RECEIVER
A.

AP POI NTMENT OF PERMANENT RECEIVER

IT I S FURTHER ORDERED that Robert Morrison, previously appointed

Pemlancnt Equity Receiver (" Receiver") in this matter pursuant to the Amended Preliminary
Injunction entered on December 11 , 2009, is hereby also appo inted Permanent Equi ty
Receiver ("Receive r") of Defendant IXE Accelerated Financial Ceillers LLC and any of its
affiliates, subsidia ries, divi sions, or telephone sales operations, wherever located, with the
full power of an equity receiver; and Defendant IXE Accelerated Financial Centers LLC shall

be included in Ihe term "Receivership Defendants" as defined herei n. The Receive r sha ll be
the agent of thi s COllrl, and solely the agent of this Court, in acting as Receiver under this

Order. The Receiver shall be accountable directly to thi s Court. The Receiver shall comply
with all Local Rules of thi s Court governing receivers.
Il.

RECEIVERSHIP DUTIES

IT I S FURTHER ORDERED th at the Rece iver is directed and authorized to

accomplish the following:

1.

Assume full control of the Receivership Defendants by removing, as

the Receiver deems necessary or advi sable, any director, oBicer, employee, independent
contractor, or agent of the Receivership Defendants, including any Individual Defendant,
from control of, management of, or participation in , the affairs of the Receivership
Defendants;
Page ISof 36

Case 6:09-cv-02021-JA-KRS

2.

Document 46

Filed 12/31/2009

Page 19 of 36

Take exclusive custody, control, and possession of all Assets and

Documents of, or in the possess ion, custody, or under the cont rol of, the Rece ivership
Defendants, wherever situated. The Recei ver shall have full power to divert mail and to sue
fo r, co ll cct, receive, take in possess ion, hold, and manage all Assets and Doc uments of the
Receivership Defendant s and other persons or ent ities whose interests are now held by o r
under the direction, possess ion, custody, or conlrol of the Receivership Defendants.
Provided, however, that the Receiver shall not attempt to collect any amount from a
con sumer, or allow any Rece ivership Defendant to do so, if the Receiver be lieves the
consumer was a victim of Ihe decepti ve aC ls or practices all eged in the Complaint in thi s
matter;
3.

Use any means necessary to take possession of and to secure all areas

of the business premi ses of the Receivership Defendant s. Such steps may include , but are not
limited to, the following as the Receiver deems necessary or advisable: (1) serving thi s
Order; (2) compl eting a written inventory of all receivership Assets; (3) obtaining pertinen t
information from all empl oyees and other agents of the Receivership Defendants, includin g,
but not limited to, the name, home address, Soc ial Security number, job desc ription, method
of compensation, and all accrued and unpaid commissions and compensation of each sllch
employee or agent ; (4) vid eo tapin g all portions of the locations; (5) securing the location s by
changing the locks and di scon necting any compute r modems or other means of access to the
computer or other records maintained at the locat ions; (6) requiring any persons present o n
the premises at the time thi s Order is served to leave the premises, to provide the Receiver
Page 19 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 20 of 36

with proof of identifica ti on, or to demonstrate to the satisfaction of the Receiver that such
persons are not remov in g from the premi ses Documents or Assets of the Receivership
Defendants; and/or (7) employ the ass isl<ll1ce of law cnforcemcnt officers as the Receiver
deems necessary to implement the provisions of this Order;
4.

Conserve, hold , and manage all receivershi p Assets, and perfonn all

act s necessary or adv isable to preserve the value of those Asse ts, in order to prevent any
irreparable loss, damage, or injury to consllmers or to creditors of the Receivership
Defendants, includ ing , but nOllim iled to, obtai ning an accoun ting of the Assets and
preventing transfe r, withdrawal, or mi sapplication of Assets, and including the authority 10
liquidate or close out any open sec uriti es or commodity futures pos itions of the Receivershi p
Defendants;
5.

Enter into contmcts and purchase insurance as advisable or necessary;

6.

Prevent the inequi table di stribut ion of Assets and delennine, adjust,

and protect the in terests of conSllmers and creditors who have transacted business with the
Recei vership Defendants;

7.

Manage and administer the busi ness of tile Rece ivership Defendants

unt il further order of thi s COlirt by performing al l incidental acts that the Receiver deems to
be advisable or necessary, whi ch incl udes re ta ining, hiri ng, or dismi ssing any employees,
independent contractors, or agents;
8.

Choose, engage, and em ploy atto rneys, accountan ts, apprai sers, and

other independem COlllractors and techn icn l specialists, as Ihe Receiver decms advisable or
Page 20 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 21 of 36

necessary in the pe rformance of duties and responsibi li ties unde r the authority granted by thi s
Order;
9.

Make payments and disbu rsements from the receivership estate that are

necessary or ad visable for carrying out the direction s of, or exercising the authority granted
by, th is Order. The Rece ive r shall apply to the Court for pri or approval of any payment of
any debt or obligation incurred by the Receivershi p Defendants pri or to the date of entry of
thi s Order, except payment s that the Receiver deems necessary or adv isable

10

secure Assets

or the Receive rship Defendants, such as rental payments;

10.

Determine and implement the manner in whi ch the Recei vership

Defendants will comply with, and prevent violations of, this Order and all olller applicable
laws;
I I.

Institute, compromi se, adjust, appear in, intervene in, or become pany

to sllch acti ons or proceedin gs in state, federal or foreign co urt s that the Receiver deem s
necessary and advisable to preserve or recover the Assets of the Receivership Defendants or
thallhe Receiver dcems necessary and advi sable to cnrry out the Receiver's mandate under
this Order;
12.

De fe nd , compromi se, adj ust, or otherwi se dispose of any or all actions

or proceedings instituted in Ihe past or in the futu re aga inst the Rece iver in hi s role as
Rece iver, or against the Recei vership Defendants that the Receiver deem s necessary and
advisa ble to preserve the Assels of the Rece ivership Defendanls or that the Rece iver deems
necessary and advisable to carry out the Receiver' s mandate under thi s Order;

Page 2 1 or 36

Case 6:09-cv-02021-JA-KRS

13.

Document 46

Filed 12/31/2009

Page 22 of 36

Cont inue and conduct the business of the Receivership Defendants in

such manner, to such exte nt, and fo r such duration as the Rece iver may in good fa ith deem to
be necessary or appropriate to operate the busi ness pro fi tably and lawfully. if at all; provided,
howeve r, that the cont inuation and conduct of the busi ness shall be conditioned upon the
Receiver's good faith determination thm the bus iness can be lawfully operated m a profi t
using the Assets of the receivershi p estate;

14.

Issue subpoenas to obtain Documents and record s pertaini ng to the

receivership, and conduct di scovery in th is action on behalf of the receivershi p estate;

15.

Open one or more bank acco unts as designated depositories for funds

of the Receivership Defendants. The Recei vcr shall deposit all fu nds of the Rece ive rship
Defendants in suc h a designated account and shall make all pay ments and disbursemen ts
from the rece ive rship estate from such an account;
16.

Maintain accurme records of all receipts and expenditures that he or

she makes as Receiver;

17.

Cooperate with reaso nab le req uests fo r information or ass istance frolll

any state or fcderal law enforcemen t agency ; and

18.

C.

Fi le reports with the Court on a timely and reasonab le basis.

COOPERATIO N w ln l T I-II': REC EIV ER

IT IS FURTH E R ORD ERED that:

I.

Stipulating Defendants and the ir officers, agent s, servan ts, emp loyees,

,lI1d attorneys, and all other persons in active concert or participation with any of them, who
Page 22 o f 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 23 of 36

receive actual notice of thi s Order by personal service or otherwise, whether acting directly or
through any trust, corporation, subsidiary ) division, or other device, or any of them, shal l fully
cooperate with and assist the Receiver. Thi s cooperation and assistance sha ll include, but not
be limited to:
a.

Providing any information to the Receiver that the Receiver

deems necessary to exercisi ng the authority and discharg ing the
responsibiliti es of the Receiver under this Order;

b.

Providing any password required to access any computer,

electronic fil e, or telephonic data in any medium; or

c.

Advising all persons who owe money to the Receivership

Defendants that all debts should be paid direct ly to the
Receive r.

2.

Stipul ating Defendants and their officers, agents, servants, employees,

ancl attorneys, and a ll other persons in active concert or participation with any of them, who
receive actual nOlice of this Order by perso nal service or othe rwi se, whether acting directly or
through any trust , corporation, subsi diary, division, or other device, or any of them, are
hereby restrained and enj oined from direct ly or indirectl y:
a.

Transacting any of the busi ness of the Receivership

Defendants;

b.

Destroying, sec reting, defacing, transferring, or otherwise

altering or di sposing of any Doc uments oflhe Receivership

Page 23 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 24 of 36

Defendnnt s, including, but not li mited to, books, records,

accounts, writings, drawings, graphs, charts, photographs,
audio and vid eo recordings, compute r records, and other data
compilations, electronical ly-stored records, or any othe r records
of any kind or nature;
c.

Transferring, receiving, altering, selli ng, enc umbering,

pl edgin g, assigning, liq uidating, o r otherwise disposing of any
Assets owned , co ntrolled, or in the possession or custody of, or
in which an interest is held or claimed by, the Receivership
Defcndnnt s, or the Receiver;

d.

Excusing debts owed to the Receivership Defendants;

e.

Failing to notify the Rece iver of any Asset, including accounts,

of the Rece ivership Defendants held in any name other than the
name of the Rece ivership Defendants, or by any person or
entity

01 her

than the Rece ivership Defendants, or fa ili ng to

provide nny assistance or information req uested by the

Receiver in connection with obtaining possession, cllstody, or
control of sllch Assets;

r.

Doing any act or refrain ing from any act whatsoever to

interfere with the Rece iver's tak ing custody, control,
possession, or I1lnl1nging o f the Assets or Documents subject
Page 24 of 36

10

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 25 of 36

this rece ivership; or to harass or interfere with the Receiver in

any way; or to interfere in any manner wi th the exclusive
jurisdiction of this Court over the Asse ts or Documents of the
Rece ivership Defendants; or to refuse to cooperate with the
Receive r or the Receiver's du ly authorized agents in the
exercise of their duties or authority under any Order of thi s
Court; or
g.

Filing, or causing to be filed, any petition on behalf of any of

the Receivershi p Defendants for relief under the United States
Bankruptcy Code, 11 U.S.C. 101 el seq., without prior
pemlission from this Court.

D.

DEL IVERY OF RECE IVERSHIP PROP ERTY

IT IS FURTHER ORDERED that:

I.

Immediately upon service of thi s Orde r upon them , or within such

period as may be perm itted by the Receiver, Stipulati ng Defendants or any ot her person or
entity shall transfe r or deliver possession, custody, and control of the followi ng to the
Receiver:
a.

All Assets of the Receivership Defendants, includi ng Assets

subject to repatriation pursuant to Section VIII , infra;

b.

All Documents of the Receivership Defendants, including, but

nOllimited

10,

books and records of accounts, all financial and

Page 25 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 26 of 36

accounting records, balance sheets, income statements, bank

records (including monthly statements, canceled checks,
records of wire transfers, and check registers), client li sts, title
documents and other papers;
c.

All Assets belonging to members of the public now held by the

Receivership Defendants; and

d.

All keys, codes, and passwords necessary to gain or to secure

access to any Assets or Documents of the Rece ivership
Defendants, including, but not limi ted to, access to their
business premises, means of communication, accounts,
computer systems, mail boxes, or other property. Thi s includes
providing the necessary means to gain access to at least the
following mail boxes:

2.

(I)

PO Box 362301 , Melbourne, Florida 32936;

(3)

PO Box 362311 , Melbourne, Florida 32936; and

(4)

PO Box 3623 14, Melbourne, Florida 32936;

In the event any person or entity fails to deliver or transfer any Asset

or otherwise fails to comply with any provision of this Secti on, the Receiver may file ex parle
an Affidavit

ofNon~Comp li ance

regarding the failure. Upon filing of the affidavit, the Court

may authorize, without additional process or demand, Writs of Possession or Sequestration or

other equitable writs requested by the Receiver. The writs sha ll authorize and direct the
Page 26 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 27 of 36

United States Marshal or nny sheriff or deputy sheriff of any county, or any other federal or
state law enforcement offi cer, 10 se ize the Assel, Document, or other thing and to deliver it to
the Rece iver.

E.

TRANSFER Of f UNDS TO THE REC EIVER

IT IS FURHIER ORDERED thm. upon se rvice of a copy of thi s Order. all

Financial In stituti ons, finance companies, com mcl'cial lending companies, credit card
process ing agents or agents providing electronic fun ds transfer services or au tomated clearing
hOllse processing, brokcrngc houses, escrow agcnts, moncy market or mutual fund s, title
companies, commod ity l'ullIres merc hants, cOlllmodity trading companies, prec iolls meta l
dea lers, trustees, or other financial insti tutions or depos itories of any kind , shall cooperate
with all reasonable rcq ucsts or lhe Receiver rclating to imp lementation of lhi s Ordcr,
incl udi ng transferring fun ds at his or her direct ion and produc ing records re lated to the Assets
of the Receivershi p Defendants.

f.

STA Y OF ACTIONS

IT IS FURTHER ORDERED thm:

1.

Except by leave of lhi s Court , during pendency of the rece ivership

ordered herein, St ipul ating Defendants and a ll olher persons and entities be and hereby are
stayed rrom taking mly ac tion to establi sh 0 1' enforce any claim, right, or interest for, against,
on behalf of, in , or in the name of, the Rece ivership Defend ants, any of their subsidiaries,
affi liates, partnerships, Asse ts, Documents, o r the Receiver or the Recei ver's du ly authorized
agen ts act ing in the ir capac ities as such, including, bu t not li mited to, the fo llowing actio ns:
Page 27 o r 36

Case 6:09-cv-02021-JA-KRS

a.

Document 46

Filed 12/31/2009

Page 28 of 36

Commencing, prosecuting, cont inu ing, en tering, or enforcing

any suit or proceed ing, exceptlhm sllch act ions may be filed lO
loll any app licable statute of lim itations;

b.

Acce lera ting the due date of any ob liga tion o r claimed
obligation; filing, pe rfect ing or enforc ing any lien; taking or
attempt in g to take possessio n, custody, o r co ntro l of any Asset;
attem pti ng to fo reclose, fo rfeit, a lter, or terminate any interest
in any Asset, whet her such acts are part of a judicial
proceedi ng, are acts of se lf.help, or otherwise, or setoff of any
debt owi ng to the Receivership Defend ant s that arose before
the dme of th is Order against any cl aim aga in st the
Receivership Defendants;

c.

Exec utin g. issuing, serving, or causing the execution, issuance

or serv ice of, any legal process, including, but not limited to,
attachments, garni shments, subpoenas, writs of replevin, writs
o f exec lit ion , or any othe r form of process whether spec ified in
this Order or not; or

d.

Doi ng any act or thi ng whatsoever to interfere with the

Receiver taki ng custody, con trol, possession, or management of
the Assets or Documents subj ect to thi s rece ivership, or

10

hmass or interfere wi lh the Receive r in any way, or to interfere

Poge 28 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 29 of 36

in any manner with the excl usive jurisdiction of this Courl over
the Assets or Documents of the Receivership Defendants.
2.

This Order does not stay:

a.

The commencement or continuat ion ofa criminal action or

proceeding;

b.

The commencement or continuation of an action or proceeding

by.a governmenta l unit to enforce such governmental unit 's
police or regu latory power; or

c.

The enforcemen t of a j udgment, other than a money judgment,

obtained in an action or proceeding by a governmental unit to
enforce such governmental unit 's po li ce or rcgutalory power.

3.

Except as ot herwise provided in this Order, all persons and entities in

need of documentation from the Receiver shall in att instances first attempt to sec ure such
information by submitting a formal written request to the Rece iver, and, if suc h request has
not been respondcd to within thirty (30) days of'rcce ipt by the Receiver, any such person or
entity may thereaftcr seek an Ordcr of this Court with regard to the relief requested.
G.

COM PE NSATION OF RECE IV E R

IT IS FURTHER ORDERED that the Receiver and all personnel hired by the
Receiver as herein authorized, including counse l to the Receiver and accountant s, arc entitled
to reasonable compensation for the pe rformance of duties pursuant to this Order and for the
cost of actual outofpocket expenses incurred by Ihem , from the Assets now held by, or in
Page 29

or

36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 30 of 36

the possession or control of, or whi ch may be received by the Rece ive rship Defe ndants. The
Rece iver sha ll file with the Court and serve on the part ies period ic req uests for the payment
of sllch rcasonablc compensation, wit h the first such rcquest fi led no more than sixty (60)
days after the datc of thi s Order. The Receiver sha ll not inc rease the hourly rates lIsed as the
bases fo r such fce applications withollt pri or approval of the Co urt.
U.

RECE IVE R' S BOND

IT IS FUn.THER ORDERED that the Rece ive r, unl ess he has done so already

pursuant to the Amcnded Preli minary Injunct ion previously iss ued in thi s matter, shall fil e
wi th the Clerk of th is Co urt a bond in the sum of$IO,OOO.OO with sureties to be approved by
the Court , condi tioned that thc Rcceiver will wcll and truly pc rfoml the dut ies of the office
and abide by and perform all acts the COlirt di rec ts.
I.

ACCESS TO BUSINESS PR EMISES

IT IS FURTHEIl ORDERED that Stipulat ing Defendants, and thei r officers, agents,
serva nt s, employees, and attorneys, and all other perso ns in acti ve co ncert or partic ipation
with any ofthclll, who receive ac tual notice of thi s Order by personal se rvice or otherwise,
whether act ing direct ly or through any tru st, corporation, subsidi ary, di vision , or other dev ice,
or any of them, and the Receiver, shall allow the Commi ss ion's represe ntati ves, agents, and
assista nts, as we ll as the Rece ivershi p De fendants' represcntat ives, and the Ind ivid ual
Defendants themselves, reasonable access to the prem ises of the Recei vership Defendants, or
any other pre mi ses where the Receivership Defend ants conduct business or telephone sales
operati ons. The purpose of this access shall be to inspect and copy any and all books,
Page 30

or

36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 31 of 36

records, Documen ts, accounts, and oth er property owned by, or in the possession of, the
Receivership Defendants or their agents. The Receiver shall have the discretion to determ ine
the time, manncr, and reasonable conditions of such access. The COlllmission may remove
materials frolll the Receivers hip Defendants ' business premises

10

inspect, invento lY, and

copy such material s. The Commission shall return mate ri als so removed within five (5)
bus iness days of completing said inventory and copying.
V III.
REPATR IAT IO N OF ASS ETS AN D DOCU M ENTS
LO CAT E D IN FOR E IG N C O UNTRIES
IT IS F URTHE R ORD E R E D that Stipulating Defendants sha ll :
A.

Wil hin three (3) business days following entry of thi s Order, take suc h steps as

are necessary to repatriate to the territory of the United S tates of America all Documents and
Assets that arc located outs ide such territory and are held by or for St ipu lat ing De fendants or
arc lll1der Stipulating Defendants' direct or indi rect control, jointly, sevcrally, or ind ividually;

B.

Within three (3) business days fo ll owing entry of thi s Order, prov ide Plaintiff

with a full accou nting of all Doc uments ancl Assets that arc located outside of the territory of
the United States o f Amer ica or thai have been transferred to the territo ry of the Uni ted Slates
of America pursuant to Subsect ion A above and are held by or for any Sti pulating Defendant
o r are under any Stipulati ng Defendant 's direct or indirect contro l, jointly, severally, or
individually, including the addresses and nnmes of any foreign or domestic fi nancial

Page 31 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 32 of 36

institution or ot her enti ty hold ing the Documents Hnd Assets, along with the account numbers
and balances;
C.

I-Iold and retai n all such Docu ments and Assets and prevc nt any transfer,

dispos ition, or diss ipation whatsoever of any such Documents or Assets; and
D.

Wi thin three (3) business days fo ll owing entry of thi s Order. prov ide Plai ntiff

access to Stipu lating Defcndant s' records and Doc ument s held by Fin ancial Institutions or
other entities olltside the territo rial Uni ted States, by signi ng and deli veri ng to Plaimi rrs
cOllnsel lhe Consent to Re lease of Financ ial Records attached to the TRO as Attachment A,
if they have not done so already in compli ance wi th the TRO.

IX.
EX PEDITED DI SCO VE RY

IT IS F URT I-I Ell ORD E RED that pursuant to Federal Rul es of Civil Procedure

30(a), 3 1(n), 34, and 45, and notwithstanding the prov isions of Federal Rules of Civil
Procedu re 26(d) and (I), 30(a)(2)(A), and 31(a)(2)(A), Plaint iff is granted leave, at any time
after ent ry of thi s Order to:
A.

Take the deposition of any person or entity, whether or not a pa rty, for the

purpose of discovering the nature, location. stat us. and extent of the assets of Stipulating
Defendants, and Stipulating Defe ndants' affi lia tes and subsidiaries; the nature and location of
docum ent s reflec ting the business transactions of Stipulating Defend ants, and Stipulatin g
Defendants' affi li ates and subsid iaries; the loca tion of any premises where Stipulati ng
Defendant s, directly or through any third party, conduct business operations; the Stipu lati ng
Page 32 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 33 of 36

Defendants' whereabout s; and/or the appli cability of any ev identiary privi leges to thi s action;
and
B.

Demand the production of documents from any person or entity, whether or

110t a party, relating to the nature, stat us, and extent of the assets of Stipulating Defendants,
and Stipulating Defendants' affili ates and subsidi aries; the nature and location of documents
refl ecting the business transact ions of Stipulating Defendants, and Stipulat ing Defendants'
affiliat es and subsidi ari es; the locati on of any prcmi ses where Stipulating Defendant s,
directly or through any third pa rty, conduct business operations; the Stipulating Defendants '
whereabout s; andlor the applicability of any evidentiary pri vileges to this action.
Three (3) days noticc shall be deemed suffi cient for any such depos ition, fi ve (5) days
noti ce shaH be deemed suffici ent for the production of any Stich documents, and twcnty-four
(24) hours notice shaH be deemed suffici cnt for the production of any such documents that

are maintained or stored only as electroni c data. The prov isions of thi s Sect ion shall apply
both to partics to thi s case and to non-parti es. The limitations and conditions set forth in
fed era l Rul es of Civil Procedure 30(a)(2)(A)(ii ) and 31 (a)(2)(A)(ii) regarding subsequent

depos itions o f un indi vidual shall not apply to deposi ti ons taken pursuant to this Secti on.
Any such dcpositions taken pursuant to thi s Sec ti on shall not be counted toward any limit on
the number of depositi ons und er the Federal Rules of Civil Procedure or the Local Rules of
the Middle District of Florida, in cl uding those set fo rth in Federal Rules of Civil Procedure
JO(a)(2)(A) Hnd 31 (a)(2)(A). Service o r di scovery upon a party, taken pursuant to this
Sectio n, shall be sufficient if made through the means desc ribed in Section X I of thi s Order.
Page 33 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 34 of 36

X.
DISTRIB UTION OF ORDER BY ST IP ULATI 'G DE FENDANTS

IT IS FURTHER ORDERED that Stipul ating Defendants shall immed iately provide
a copy of thi s Orde r to each o f thei r corporations, s ubsidiaries, arfi li atcs, di visions, di rectors,

officers, age nts, partners, successors, assigns, emp loyees, attorneys, agen ts, represe ntatives,
sales entities, sales persons, tclemarketers, ind ependent con tractors, and any other Persons in
active concert or participation wi th them. Within fi ve (5) calendar days following en try of
th is Order, each Stipu lati ng Defendant shall file wit h thi s Court and serve on Pl aintiff, an

arfidavit identifying the names, tit les, addresses, and telephone numbers or the persons and
entities St ipulat ing Defendan ts have served wi th a copy of thi s O rder in compliance with thi s
provision.

XI.
SERVICE OF THIS ORDER

IT IS FURTl-IER ORDERED that co pies of thi s Order may be di stributed by U.S.

fir st class ma il, overn ight deli very, facsimile, electronic mail , or personall y, by agents or
employees o f Plaintiff, by agents

0 1'

empl oyees of the Receiver, by any law enforcement

agency , or by pri vate process server, upon any Persall, Financia l Insti tuti on, or other entity
that may have possession or con trol of any property, property ri gh t, document, or asset of any
St ipulati ng De fendant, o r that may be subjec t to any prov ision of this Order. Service upo n
any branc h or office o f allY !'inane ial Institution or entity shall e ffec t serv ice upon the entire
financia l institut ion or en tity.
Page 34 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 35 of 36

XII.
CONSUM ER REPORTIN G A GENCIES

IT IS FURTH ER OnO ERED thaI , pursuant to Section 604 of the Fair Credit
Reporting Act , 15 U.S .c. 168 1b, any consumer repo rting agency may furnish a consumer

or credit report concerning any Stipulating Defendant to Plaintiff.

XIII.
CORR ES I' ON DENCr. WITH AND NOTICE TO PLA INTI FF

IT IS FURTH ER OIlO ERED that for purposes of this Order, all correspondence
and pleadings to the Commission shall be addressed to:

Guy G. Ward
Federa l Trade Co mmission
55 Wesl Monroe St reet, Suite 1825
Chicago, Illinois 60603
(3 12) 960-5612 [telephone]
(3 12) 960-5600 [facsimile]

Page 35 of 36

Case 6:09-cv-02021-JA-KRS

Document 46

Filed 12/31/2009

Page 36 of 36

XIV.
RET ENTION OF J URISDICTION

IT IS FURTHER ORDERED that Ihis COllrl shall rewinjurisdiction of this matter

for all purposes.
SO STI PULATE D:
/s/ Hector E. Lora
Hector E. Lora
Cove & Associates, P.A.
225 South 2 1sl A ve nue

lsi GUY G. Ward

Guy G. Ward
Federal Trade Commission
55 \V. Monroe Street, Suite 1825
Chicago, Illinois 60603
Phone: (312) 960-561 2
Fax: (312) 9605600

I-Ioll ywood, Florida 33020

Phone: (954) 92 1-1121
Fax: (954) 92 I - I 62 1
Email: heltq)co vc]aw.colll
Attorney fo r Defendants
IXE Accelerated Financial Centers LLC
and Jaime M. Hawley

Email: (!ward@ nc. gov

Attorney for Plaintifr

Federa l Trade Commi ssion

Sf

SO ORDE RED, this'::> I day- of _=~=!=--o=,--" 2 0("

I-Ion. J,cp /' Antoon, II

Ullit;s-r:states District Judge

Page 36 o f 36