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CFTC v OFFSHORE FINANCIAL CONSULTANTS OF FLORIDA INC Click to find out why . . .



Keywords & Phrases
CaseNo: CVOFCOFI260655, CourtName: MISC 2, Plaintiff: CFTC, State: FL Florida, UniqueCaseRef: LCD>CVOFCOFI260655, Customers, Offshore Common Enterprise, Foreign Currency, Contract, Georgia, Receivership, Telemarketers, Commission, Profits, Risk, Purchase, Sales, Relief Defendants, Fail, Investment, Assets, Act, Solicitations, Financial Consultants, Juan Carlos Gomez, Corporate Defendants, Marshall Sheldon, Contract Market, Incorporation, Relief Defendant, Thomas Destasio, Commodity Option, Commission Regulation, Transactions, Foreign Currency Futures, Offshore, Accounts, Control, Possession , ContentID: 120252671

Case Documents
1   ORDER
[ see first page and extracted highlights below  ] ItemID: 127733
18 pages
PDF
2 2001-04 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 127732
21 pages
PDF
Total Documents: 2 documents , 39 pages
Price: $ 24.95


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1 . ORDER

EXTRACTED KEY WORDS
RECEIVERSHIP
RELIEF DEFENDANTS
ASSETS
COURT
OFFSHORE
ACCOUNTS
CONTROL
POSSESSION
FUNDS
BUSINESS
DEPOSITION
COMMISSION
COMMON ENTERPRISE
CUSTODY
PURSUANT
ACTS
AUTHORITY
FINANCES
CONTRACTS
CUSTOMERS
PREMISES
STATUTORY RESTRAINING ORDER
DUTIES
PERSONNEL
INDIRECT
UNITED STATES
CLIENTS
PAPERS
RECEIVER DEEMS
                                                                                            P.02





                               UNITED  STATES  DISTRICT  COURT
                              SOUTHERN-DISTRICT               OF FLORIDA
                                                                ~2-60'169
COMMODITY             FUTURES  TRADING              : .        CIV - FERCUSO#
                                                                                        
COMMISSION,                                         .
                         Plain tiff                 .             CIVIL  ACTION  NO.
                                                    . . .
               V.                                   . . .
OFFSHORE  FINANCIAL                                 . .
CONSULTANTS            OF FLORIDA,  INC,,           .
INTERNATIONAL            CURRENCY                   . .
MERCHANTS,  INC.,                                   . .
OFFSHORE  FINANCIAL                                 . .
CONSULTANTS  OF  GEORGIA,  INC.,  .
GLOBAL  FINANCIAL                                   . .
CONSULTANTS,  INC.,                                 . .
JUAN  CARLOS  GOMEZ,                                . .
MARSHALL  SHELDON,                                  .
ELAINE  I&&ANA&                                     . .
THOMAS  DESTASIO,  and                              .
WILLIAM     AUGELLO,                                .
                         Defendants.                . . .         FILEDUNDERSEAL
TDD  ENTERPRISES,  COIN  BANK,                      .
ANTHONY  RUSSO,                                     .
LIBERTY  FOREIGN  INVESTMENTS                       .
GROUP  INC.,  DANIEL  FASCIANA,                     .
AFFILIATED       PAYROLL                            . .
SERVICES  INC.,  JAMES  SEXTON,                     :
JBA  LIMITED  INC.,  PICO                           . .
INVESTMENTS            AND  CONSULTING              . .
INC., and STEPHEN  DELONG                           . .
               Relief  Defendants.                  . .
                                              -





                              STATUTORY  RESTRAINING               ORDER


                                                                                                   
SNIPPETS:
  • complaint for permanent injunction and other relief, and moved exparfe, pursuant to Section 6c
  • Statutory Restraining Order freezing the assets of defendants and relief defendants,
  • from destroying any business records, books or documents, The Court has considered the
  • Floiidq Inc. ("Offshore Florida"), International Currency Merchants, Inc., Offshore
  • foreign currency options contracts to individuals nationwide;
  • constituting a common enterprise;
  • the typical Offshore Common Enterprise entity solicits customers for a few months, after
  • absent the entry of this statutory restraining order,
  • dissipate or transfer assets and destroy business records;
  • Commission to fulfill its statutory duties.
  • Therefore the Court orders as follows:
  • "Relief Defendants" means Coin Bank, TDD Enterprises, JBA Limited
  • partnership accounts in which defendants and relief defendants have an interest,
  • brokerage institution, business entity, or person, that holds, controls, or maintains custody
  • assets both within and outside of the United States which are held by defendants
  • and relief defendants, on their behalf, or under their direct or indirect control,
  • of all funds and assets that defendants and relief defendants received from their
  • Offshore Common Enterprise (hereinafter referred to as the "receivership defendants"),
  • Take exclusive custody, control, and possession of all the funds, property, mail
  • effects, land, leases, books, records, work papers, and records of accounts,
  • including documents related to customers or clients
  • Take all steps necessary to secure the business premises of the receivership
  • Preserve, hold and manage all receivership assets, and perform all acts necessary
  • as the Receiver deems advisable
  • or advisable for carrying out the directions of, or exercising the authority granted
  • IT IS FURTHER ORDERED that the Receiver and all personnel hired by the Receiver
  • practices or business or personal finances of any defendant or relief defendants.
  • hours notice shall be deemed sufficient for any such deposition and five days notice shall be

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    DEFENDANTS
    OFFSHORE COMMON ENTERPRISE
    FOREIGN CURRENCY
    CONTRACT
    GEORGIA
    TELEMARKETERS
    COMMISSION
    PROFITS
    RISK
    PURCHASE
    SALES
    FAIL
    INVESTMENT
    ACT
    SOLICITATIONS
    FINANCIAL CONSULTANTS
    JUAN CARLOS GOMEZ
    CORPORATE DEFENDANTS
    MARSHALL SHELDON
    CONTRACT MARKET
    INCORPORATION
    RELIEF DEFENDANT
    THOMAS DESTASIO
    COMMODITY OPTION
    COMMISSION REGULATION
    TRANSACTIONS
    FOREIGN CURRENCY FUTURES
    DEFENDANTS TIAUDULENTLY GUARANTEE
    ELAINE KAZANAS
    
                                       UNITED  STATES  DISTRICT                  COURT
                                       SOUTHERN         DISTRICT            OF  FLORIDA
    
    
    
    COMMODITY               FUTURES  TRADING                      :
    COMMISSION,                                                   . .
                                      Plaintiff                   . .               CIVIL  ACTION  NO. 
    
                     V.
    
    
    OFFSHORE  FINANCIAL
    CONSULTANTS               OF  FLORIDA,            INC.,
    INTERNATIONAL                CURRENCY
    MERCHANTS,              INC.,
    OFFSHORE  FINANCIAL
    CONSULTANTS               OF  GEORGIA,  INC.,
    GLOBAL  FINANCIAL
    CONSULTANTS,              INC.,
    JUAN  CARLOS  GOMEZ,
    MARSHALL         SHELDON,
    ELAINE  KAZANAS,                                             . .
    THOMAS  DESTASIO,  and                                       . .
    WILLIAM        AUGELLO,                                      . .
                                 Defendants.                    . . . .             FILED  UNDER  SEAL
    TDD  ENTERPRISES,  COIN  BANK,                              . .
    ANTHONY  RUSSO,                                             . .
    LIBERTY  FOREIGN  INVESTMENTS                               :
    GROUP  INC.,  DANIEL  FASCIANA,                             . .
    AFFILIATED        PAYROLL                                   . .
    SERVICES  INC.,  JAMES  SEXTON,                             . .
    JBA  LIMITED            INC.,  PICO                         . .
    INVESTMENTS              AND  CONSULTING                    . .
    INC.,  and  STEPHEN  DELONG                                 :
                     Relief  Defendants.                        . .
    
    
    
    
                            COMPLAINT               FOR  PERMANENT              INJUNCTION
                                        AND  OTHER  EQUITABLE                   RELIEF
    
    
                                                 I.  SUMMARY
    
             1.       Since  April  2001,  the  defendants,  operating  through  a  series of  companies
    
    that  open  for  a  short  period  of  time  then  close  and  relocate,  have  solicited  more 
    
    SNIPPETS:
  • Since April 2001, the defendants, operating through a series of companies
  • from customers primarily through high-pressure telemarketing that promises
  • extraordinary profits through the purchase of 30-day foreign currency option contracts.
  • their sales solicitations, defendants tiaudulently guarantee profits, fail to disclose the
  • risk of loss,
  • not all, of their entire investment.
  • The corporate defendants comprise a series of at least four interrelated
  • Inc. ("Offshore Georgia"), and Global Financial Consultants Inc..
  • defendants Marshall Sheldon, Thomas Destasio, Elaine Kazanas
  • Telemarketers assure prospective customers that they will
  • defendants fail to adequately disclose the risks involved in options
  • Act, 7 U.S.C. 9 6c"), and Commission Regulation
  • subject to the rules of a contract market or a derivatives transaction execution facility
  • designated by the Commodity Futures Trading Commission,
  • corporate defendants have violated Section 4cof the Act and Commission Regulations
  • Thomas Destasio is a Florida resident who resides in Wilton
  • Juan Carlos Gomez is a Florida resident who resides in
  • a relief defendant corporation.
  • Elaine Kazanas is a Florida resident who resides in Oakland
  • $57,200 from the Offshore Common Enterprise between July 12, 2001 and October 26,
  • a Florida corporation that designates, in its certificate of incorporation, its principal
  • options on foreign currency or options on foreign currency futures contracts.
  • Telemarketers, claiming to be "offshore banking consultants," focus their sales
  • option transactions and, as such, operates as the counterparty to the purported
  • Yet the solicitations fail to explain key terminology or the mechanics of options
  • to enter into, the entry into, or the confirmation of the execution of, commodity option
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