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1
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TEMPORARY RESTRAINING ORDER
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EXTRACTED KEY WORDS
ASSETS COMMISSION COURT UNITED STATES TEMPORARY RECEIVER PLAINTIFF MARKETING PROGRAM EQUINOX BUSINESS MARKETING PROGRAM PARTICIPANTS TRADE COMMISSION WILLIAM GOULDD ACCOUNT PRELIMINARY INJUNCTION SEMINARS TEMPORARY RESTRAINING ORDER CONTROL POSSESSION PENNSYLVANIA ADVANCED MIALRKETLNG SEMINARS REQUESTS FEDERAL TRADE CONSUMER TRANSFERS MATERIALS PRELIMINARY INJUNCTION HEARING PREMISES REPRESENTATIVES NORTH CAROLINA |
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a-
l%DERAL TRADE COMMISSION,
STATE OF HAWAII,
MARYLAND SECUFUTIES COh&MISSIONER,
STATE OF NEVADA,
STATE OF NORTH CAROLINA,
9-JBR-RLH
COMMONWEALTH OF
STATE GF SOUTH CAROLINA,
PlaintifFs, .
V.
EQUINGX INTERNATIONAL
ADVANCED MIAlRKETlNG SEMINARS, INC., )
BG EN?ERPTUSES, INC., and
WILLIAM GOULDD,
Defendants,
Lr-
I? @=XWHWj TEMPORARY RESTRAINING
FREEZING ASSETS,
SNIPPETS:
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3
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LETTER AGREEMENT
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EXTRACTED KEY WORDS
TRUST CASH COSTS EXPENSES TAXES FEES NATURE WHATSOEVER RECEIVER TRUST YIELDS AMOUNT PROCEEDS AGREEMENT PLAINTIFFS BILL GOULDD ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT SETTING FAIRNESS HEARING HOMES MANAGEMENT PARTIES REDUCING EMPLOYEES HEREAFTER OWNERSHIP CONTROL MAXIMUM AMOUNT RECEIVERSHIP ESTATE EXCESS REQUEST |
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LETTER AGREEMENT
Re: FTC, et al, v. Equinox International Corporadon, et all,
CV-S-99-0969~JBR-RLH
0"
This Agreement sets forth the understanding between the Plaintiffs and the
the one hand, and Defendant Bill Gouldd on the other hand, with respect to the agreed
return of capital to Gouldd pursuant to the terms set forth in the Order Preliminarily
Stipulated Final Judgment and Class Action Settlement and Setting Fairness Hearing in
referenced matter. Government plaintiffs have authorized David C. Fix to sign this
behalf
It is agreed that in addition to the two Florida homes, reasonable
such homes (no single furnishing to exceed $5,000 in value), one 1997 Range Rover,
in Sand Hill Capital, one wristwatch not to exceed approximately $11,000 in value,
clothing and other personal effects not to exceed $50,000 in value, Gouldd will
hundred percent of any interest attributable to Bill Gouldd in the IRC $419A(f)(6)
Benefit Trust established by and for the benefit of the employees of BG Management,
(hereafter "5 419 Trust") up to a limit of $8000,000 cash net of all costs, expenses,
fees of every type and nature whatsoever. It is understood by the parties to this
immediately after the Receiver takes ownership and control of BG Management, Inc. the
Trust will be reduced to cash, and.that Gouldd is entitled to receive when that event
of $8,000,000 cash net of all costs, expenses, taxes and fees of every type and nature
that are incurred as a result of reducing the $419 Trust to cash. The Receiver and
that the Receiver shall take all reasonable steps necessary to insure that the 4 419
~-;- maximum amount of cash. In the event that the $419 Trust yields less than
Gouldd net of all costs, expenses, taxes, and fees of every type and `nature whatsoever,
agree that the Receiver shall return additional capital to Gouldd, as soon as
Gouldd receives $8,000,000 cash net of all costs, expenses, taxes and fees of every type
nature whatsoever. If reducing the 5 419 Trust to cash yields more than $8,000,000
Gouldd net of all costs, expenses, taxes and fees of every type and nature whatsoever, the
Receivership estate will receive any such amount in excess of $8,000,000.
At Gouldd's request, the Receiver shall advance to Gouldd against the
4 419 Trust $200,000 within seventy-two (72) hours of Gouldd's compliance with
VII1.A of the Order Preliminarily Approving Stipulated Final Judgement and Class Action
Settlement and Setting Fairness Hearing, and an additional $200,000 per month until
receives the proceeds from the cashing out of the 5 4 19 Trust. The amount of any
be deducted from the $8,000,000 payment net of all costs, expenses, taxes, and fees of
and nature whatsoever that Gouldd is to receive as set forth above.
- - .- -, ,.
Job `e B. Rawlinson
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4
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COMPLAINT
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EXTRACTED KEY WORDS
DEFENDANTS MARYLAND SECURITIES PLAINTIFF SOUTH CAROLINA PRACTICES VIOLATION NEVADA TRADE RELIEF UNFAIR MARYLAND SECURITIES COMMISSIONER EQUINOX PROGRAM HAWAII PENNSYLVANIA FTC ACT EQUITABLE RELIEF DISTRIBUTORS ADVANCED MARKETING SEMINARS COMMONWEALTH PERMANENT INJUNCTION FEDERAL TRADE COMMISSION PRELIMINARY RELIEF HAWAII UNIFORM CONSUMER PROTECTION LAW CHAIN SCHEMES ACT MATERIAL FACTS NORTH CAROLINA PYRAMID PARAGRAPHS STATE LAW CLAIMS |
DEBRA A. VALENTINE, General Counsel KATHRYN E. LANDRETH
David C. Fix U.S. Attorney, District of Nevada
Frank M. Gorman BLAINE T. WELSH
Gary L. Ivens Assistant United States Attorney
FEDERAL TRADE COMMISSION 701 E. Bridger Ave., Ste. 800
600 Pennsylvania Ave., NW, Rm. 238 Las Vegas, NV 89101
Washington, DC 20580 (702) 388-6336
202-326-3298, 202-326-3282, 202-326-2330
202-326-3395 facsimile
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
)
FEDERAL TRADE COMMISSION, )
STATE OF HAWAII, )
MARYLAND SECURITIES COMMISSIONER, )
STATE OF NEVADA, ) CIVIL ACTION NO:
STATE OF NORTH CAROLINA, )
COMMONWEALTH OF PENNSYLVANIA, )
STATE OF SOUTH CAROLINA, ))
Plaintiffs, ))
v. ))
EQUINOX INTERNATIONAL CORP., )
ADVANCED MARKETING SEMINARS, INC., )
BG MANAGEMENT, INC., and )
WILLIAM GOULDD, ))
Defendants. ))
COMPLAINT FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF
MELANIE SENTER LUBIN BENJAMIN CAYETANO, Governor
Maryland Securities Commissioner State of Hawaii
Dale E. Cantone Ryan S. Ushijima
Lucy Cardwell Commissioner of Securities
Assistant Attorneys General Dean A. Soma, Attorney
Office of the Attorney General Securities Enforcement Unit
200 Saint Paul Place 250 South King Street, Suite 400
Baltimore, MD 21202-2020 Honolulu, HI 96813
(410) 576-6368 (808) 586-2740
(808) 586-3977 facsimile
FRANKIE SUE DEL PAPA
Attorney General of Nevada MICHAEL F. EASLEY
Tracey Brierly Attorney General of North Carolina
Deputy Attorney General Christine Lanning
Nevada Attorney General's Office Assistant Attorney General
SNIPPETS:
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5
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ORDER PRELIM APPROVING STIPULATED FINAL JUDGMENT
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EXTRACTED KEY WORDS
COURT RECEIVERSHIP ASSETS GOULDD PLAINTIFFS EQUINOX RECEIVER MARKETING PROVISIONS RECEIVERSHIP ENTITIES FEDERAL TRADE COMMISSION PERMANENT BILL GOULDD FIRST AMENDED COMPLAINT FTC EMPLOYEES CORPORATE DEFENDANTS NORTH CAROLINA EQUITABLE RELIEF PRELIMINARY INJUNCTION MANAGEMENT MARKETING PROGRAM DISTRIBUTION PENNSYLVANIA GOVERNMENT ADVANCED MARKETING SEMINARS CLASS ACTION SETTLEMENT SUBSECTION ATTORNEYS |
IN THE UNITED STATES DISTRJCT COURT
FOR THE DISTRICT OF NEVADA
>
FEDERAL TRADE COMMISSION, @ al., >
>
PlaiIltifKS, >
V. )
>
EQUlNOX INTERNATIONAL CORPORATION, &al., )
)
Defendants. >
1 CV-S-99-0969-JBR-RLH
>
GLENN LOWRANCE, ANNETTE REAGQR, 1 ORDERPREUMINUULY
ANNEKEHLER,MARTINKl3LERand > APPROVING STIPULATED
LISA FUOG, > FINALJ-UDGMENTAND
> CLASS ACTION
Intexvenors, > SEl-TLEMENTANDSEmG
V. 1 FAIRNESSHEARING
>
BXLL GOULDD, & aJ., >
>
Defendants. >
>
PlaintifTs Federal Trade Commission ("FTC" or "Commission") and the States
Hawaii, Maryland, Nevada, North Carolina, Pennsylvania and South Carolina commenced this
action on August 3, 1999, with the sling of a Complaint for Permanent Injunction and
Equitable Relief and an Ex Pmte Application for a Temporary Restraining Order ("TRO") and
Other Equitable Relief. The Court entered a TRO with asset freeze and receivership
on August 5, 1999. On September 14, 1999 following a three-day he- the Court
order partially granting the Plaintiffs' Motion for a Preliminary Injunction. South
withdrew from the action in November 1999. On November 19, 1999, the FTC and the
remaining , state plainti& joined by the states of Michigan Tennessee and Viiginia
"Government Plaintif&"), fled their First Amended Complaint for Permanent Injunction and
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