In The United States District Court
For The Northern District Of Illinois
Eastern Division
Commodity Futures Trading Commission, Civil Action No: 02 C 6222
Plaintiff,
vs.
John Martin Lofgren,
and
Melrose Asset Management Corporation,
Defendants.
STATUTORY RESTRAINING ORDER AND
ORDER APPOINTING RECEIVER
Having read the Complaint for Injunctive and Other Equitable Relief, the Plaintiff's
Motions for a Statutory Restraining Order on Notice and Appointment of a Receiver, the
declaration of Hugh J. Rooney, and the brief submitted in support of its motions:
THE COURT FINDS:
1. The Court has jurisdiction over the subject matter.
2. Section 6c of the Commodity Exchange Act, as amended ("Act"), 7 U. S. C.
§ 13a-1 (2001), permits this Court to enter a statutory restraining order and appoint a temporary
receiver.
3. It appears that there is good cause to believe that Defendants John Martin Lofgren
("Lofgren") and Melrose Asset Management Corporation ("Melrose") (collectively "the
Defendants"), have engaged, are engaging in and are about to engage in violations of Sections
4b(a)(2)(i)-(iii), 4c(b) and 4o(1) of the Act, 7 U.S.C. §§ 6b(a)(2)(i)-(iii), 6c(b) and 6o(1), and
Commission Regulation 33. 10, 17 C.F.R. § 33.10 (2002).
4. It also appears that this is a proper case to appoint a temporary equity receiver and
SNIPPETS:
In The United States District Court
Commodity Futures Trading Commission, Civil Action No:
Motions for a Statutory Restraining Order on Notice and Appointment of a Receiver,
permits this Court to enter a statutory restraining order and appoint a temporary
It appears that there is good cause to believe that Defendants John Martin Lofgren
Withdrawing, transferring, removing, dissipating or disposing of funds, assets or
other property, wherever situated, including but not limited to, all funds, personal
property, money or securities held in safes, safety deposit boxes and all funds on
Destroying, altering, concealing or disposing of any books, records, electronically
or under the control of the Defendants, including funds and property of investors, is
preserving, accounting for and liquidating the assets that are subject to this Order and
Take exclusive custody, control, and possession of all the funds, property, mail
leases, books, records, work papers, and records of accounts, including computermaintained
Take all steps necessary to secure the business premises of the Defendants,
F. Collect all money owed to the Defendants;
preserve or increase the assets of the Defendants or to carry out his or her duties
and conduct discovery in this action on behalf of the receivership estate;
designated accounts and shall make all payments and disbursements from the
authority and discharging the responsibilities of the Receiver under this order;
Accelerating the due date of any obligation or claimed obligation, enforcing any
Receiver's Report to the Court and Compensation
IT IS FURTHER ORDERED that the Receiver and all personnel hired by the Receiver
The Receiver shall file with the Court and serve on the parties periodic requests for the
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