found i found it astonishing that i've been in front of judge before and he likes to move cases when this case started he wanted me to come to a compromise with the other side and that compromise was how much of this account which at the time we didn't know how much was in the second i had only been on this case a short period of time and actually returned from israel on the sunday before the monday when this thing was filed any additional time i didn't your honor because as a lawyer i had a right i thought to assume that on a record like this and i knew that there was not going to be any  i've been wrong in front of and i've been up here in front of this court before and i've been wrong for this but in this case your honor on this record where every single fact was read but there was evidence about this is what happened when i was in front of judge swap i constantly said step one is a likelihood of success on the merits three times i tried to make the argument three times i was shut off or shut down the fact of brief we submitted and i raised it in or i did i didn't see a word of it argue that the when i when i tried to argue with i was shut off but i did raise it and it was raised in our brief submitted at that time basically what the court did was whip the burden of proof and made me come into court and try to eat kept asking me how are you harm and i you know i gave the obvious answer my client doesn't have access to  onds now and my client is his property rights in that you know if you wanted to sell his property market that is being denied that wasn't good enough for joshua i mean you know we were in a country where property rights are sort of the basis of what we of our society of our laws he kept saying how are you harm and i kept saying i'm being deprived of property rights my clients being deprived of property and when i would try to focus the argument on the likelihood of success on the merits in which on this record there is no way you could find a likelihood of success on the earth because all you have are competing affidavits and the competing  tiredly contradictory there are two completely different versions of this story and when you have affidavits the judge can't resolve the the conflict in that situation and so there is no factual basis whatsoever for a finding of likelihood of success on the merits and yet this extraordinary remedy was granted without such a fi there also was another issue that was raise your honor at the last hour or the afternoon before the hearing we had a supplemental motion where they raised an issue regarding property in new york city property and then we filed in response to that we filed a settlement agreement that dealt with the property in new york city it's long since it is always a history property i'm sorry the course of history property yes ok but this was this of all part of the buildings in new york it was a deal that mr shulman and mr sapir headed into it was subject to a settlement agreement that settlement agreement is subject to israeli law and it has a foreign selection clause in israel which is makes sense since both of them negotiated the contract in monaco and they're both israeli citizens and they both signed this document judge white should not have heard anything about but but the but the  going under a breach of fiduciary duty klein all of the negotiations about the properties heard marco mr sapir and mr shulman have apartments that were at that time were right next to one another in two thousand and five they've they've been in a number of business us for many many years and finally henschel of five different countries a crash you haven't told us which one has more of an interest then and sylvania in the much less that there was a parties involved in this are millionaires correct you're on they they didn't have lawyers who really took care of their in honor i thought this through i've been in the case i look at the record i look at the facts i refuted every fact under the third circuit law if if there are competing affidavi opposed tori's here you can't decided the way you did anyway well i and nobody went in afterwards i was you that well i was trying to argue that and i was constantly shut off and second we immediately took an and the two that were displayed when dealing with findings of fact that were extensive and conclusions of law that were extensive and here we've got three hundred thirty pages there is no reasoning in this order whatsoever the party lawyers didn't insist on it doesn't let the district or or the well i mean i have been in i can tell you the number of if they had a problem with it the law of the circuit is that they had to object they didn't if they had objected or if they had even put this in their notice of appeal i could have gone back to the district court and i could have asked the district court before the if the i could have do anything that's why we that's why we got the order the money could could could could could fly out of the account the next day at a minimum we ought to have a t r o in place if you're if you had any if you had a sense of who went back to judge us and what superior had any assets or we couldn't even find where he lived in israel because he had no property and his name but look let's look at what he did ok he sent a letter to my client this is in the record exhibit to the complaint he said good good good news  purchased it and still equipment corp is going to finance it and they're going to finance it you have to send in six payments of nine hundred thousand dollars for payments to the account in switzerland which makes it look like it's still equipment corporations account into two payments in pittsburgh of nine hundred eighty thousand dollars at the hearing before yes it seemed like the primary evidence was standing up and saying this guy is a quote fraudster no no your honor that after he sent that letter this in the record this is a page pages one eighty five twenty seven to forty two he then sent a letter on still equipment corporation letterhead which we have a one page shank sent the money for payments to switzerland to payments to pittsburgh on this claim this was only discovered and we played it was it was only to say we have not alleged that the two thousand and one transaction claims relating to that or no you will be dismissed by virtue of not absolutely not this was ok good for you but soon that you had a family from a far away country and i came you know i said just got good news you have a prince in your family who actually left money and russia that you could recover if you give me ten dollars i'll get the money for you all you have to do  sign up for found money go ahead and sign it years later you find out that you only got half the money because somebody went to that country in the sea view and you don't speak the language you don't read the language this is the same thing that happened  equipment corporation because we thought they were the primary wrong groups they said we don't have very much money so we went and looked at the transactions and so we went to their lawyers and we said well how about his account in switzerland how can you tell us he doesn't have money the account it's what someone got all this money he said it's not his account or we said what do you mean we have a letter from his company telling us to send money to the account he didn't do the letter we only learned at the doesn't know about this letter he could have asked for a testimonial hearing he didn't do it so he left it up to the judge to decide based on the papers based on just not what mr shulman said but what the code my understanding yes it's already been done if they've already replied actually so that in the month as to the motion performed on convenes arbor sponsored believe is due on tuesday and will be followed either monday or tuesday and that's where you know mr  solid basis and they never said suggested whether why would apply if there were any differences and as we all know then there's the false conflict in the court can apply the law of the form which is this which is what is what we argued don't know because nobody r you're i don't agree that it should be reversed i think that we did everything that we could in front of just schaub he was faced with the situation with her alex serious allegations of fraud there were documents in the defendant's own hand that would support her allegations of understand that because i when i read someplace that it was all in the papers the actual amount was in the paid less than the one i have to do was read the papers and you would think that w have lawyers he didn't have lawyers keep us appear was a lawyer who was his agent and handling this transaction for him that was it i mean it may seem strange that people do business in an informal way it's not so strange for those of us who do business in ukraine and russia like i do i'm there every week a month these are people who are unsophisticated who came out of the former soviet union in the late one nine hundred ninety s with opportunity and they look to people who make a trust and he was kept it of course he has it where it is we don't know because as the record revealed just slob ordered him to disclose what happened to the money and not surprisingly the credit swiss bank account with the six million when it was closed like a few months afterwards that's thousand dollars yes to two to the u b s account yes no not the credits researchers who said the bonus was has nothing right but that was the primary account that was used for the transfer of the six million dollars wasn't just like you don't know whether he read it or not this is what it this is what i laid out for and i think we know that it wasn't enough or schwab to have done what he did what he had to  i don't see how i can do the exercise review without any findings of fact it's not it's not it there's nothing there it's i don't know what to say i mean you may be right i mean you may be one hundred order and again i'm your client maybe one hundred i mean he may have every sympathy in the world but i don't know how to i don't know how to review this one judge on t v lucky if we send  than at least the t r o should be affirmed he should be sent back to the district court with instructions to that to further consider than that it wouldn't be having presented this we wouldn't be fair to ask if there really is a risk his judge can and i want to point out that one of those accounts was closed and or stopped being used in two thousand and two now and we are now ten years down the road and there's still money in one of the counts that that's the first one the second point is i want to step back again look at what we're doing here this is a case we're not doing anything yet look at what judge was doing here can you address that i mean the issue about the all he did was adopt the proposed order by mr mr marks he did not put his afterwards that you need to object i don't think i did your honor i think  are i maybe i did that but we created a record and i was part of it and that record is not sufficient to support t r o temporary restraining order or any is a tom in a tie in these cases you don't issue injunctions and that's the point i was trying to get to is that look at look at what happens if you of a firm this we're going to go to western district now in every case somebody is going to move for a t r o and try to freeze assets before the us sides even answer the complaint that's the kind of precedent that happens it happens when there are when there are in the cases that have been decided it's where there is evidence of of somebody transferring assets out of the united states thousands of the cases where it happens it wasn't one shred of that evidence here this money was in switzerland some of it i mean this account has been used by mr sapir for ten years money has gone in and out of this account so the idea that we're tracing this money to this account or the remainder of this money this how it there's just no support for it he's been using this account for business deals and that was the evidence before the court and ok we i would say we understand them but they didn't i just thank you