UNITED STATES DISTRICT COURT
FOR THE
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES COMMODITY )
FUTURES TRADING COMMISSION, )
) CIVIL ACTION NO. 02-61160
Plaintiff, )
)
v. )
)
FIRST BRISTOL GROUP, INC., ) STATUTORY RESTRAINING
ALLIANCE EQUITY GROUP, INC., ) ORDER FREEZING ASSETS,
CENTURION FINANCIAL GROUP, LC, ) PRESERVING BOOKS AND
THE GREAT MINSTER GROUP, INC., ) RECORDS, PERMITTING ACCESS
STACI LEE PETOK, ) TO BOOKS AND RECORDS, AND
BERNARD JUSTIN SEVILLA, ) APPOINTING TEMPORARY
JACK MARTIN POMEROY, and ) RECEIVER AND ORDER TO
MICHAEL DESMOND BIGGS, ) CONDUCT EXPEDITED
) DISCOVERY
Defendants. )
Plaintiff, the United States Commodity Futures Trading Commission ("CFTC"),
has filed a complaint for permanent injunction and other relief, and moved ex parte,
pursuant to Section 6c of the Commodity Exchange Act, as amended ("Act"), 7 U.S.C.
13a-1, for a statutory restraining order freezing assets, preserving records, permitting
access to records, appointing a temporary receiver, and for an order authorizing the
CFTC to conduct expedited discovery.
The Court has considered the pleadings, declarations, exhibits, and memorandum
filed in support of the CFTC's motion, and now being fully advised in the premises finds
that:
1. This Court has jurisdiction over the subject matter of this case, and there
good cause to believe it will have jurisdiction over all parties;
2. Section 6c of the Act, 7 U.S.C. § 13a-1, authorizes the ex parte relief
sought by the CFTC;
SNIPPETS:
Plaintiff, the United States Commodity Futures Trading Commission,
13a-1, for a statutory restraining order freezing assets, preserving records, permitting
access to records, appointing a temporary receiver, and for an order authorizing the
CFTC to conduct expedited discovery.
The Court has considered the pleadings, declarations, exhibits, and memorandum
Section 6c of the Act, 7 U.S.C. § 13a-1, authorizes the ex parte relief
There is good cause to believe that defendants have engaged,
contracts in violation of 7 U.S.C. § 6; and the illegal sale of options
Absent the entry of this statutory restraining order,
control over, either directly or indirectly, any real or personal property, including but not
Opening or causing to be opened any safe deposit boxes titled in the name
possession of all assets of defendants to the Receiver pursuant to the provisions of this
financial or brokerage institution, business entity, or person that holds, controls, or
drafts, deposit tickets, transfers to and from the accounts, all other debit
Take exclusive custody, control, and possession of all the funds, property,
Take all steps necessary to secure the business premises of the defendants
Preserve, hold and manage all receivership assets, and perform all acts
L. Make payments and disbursements from the receivership estate that are
or to interfere with the exclusive jurisdiction of this Court
Receiver shall file with the Court and serve on the parties periodic requests for the
assist the CFTC in the service of the summons, complaint, and this statutory restraining
Federal Rule of Civil Procedure 30regarding subsequent depositions of an
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