UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CIV-81205-RAR

SECURITIES AND EXCHANGE UNDER SEAL

COMMISSION,

Plaintiff,

v.

COMPLETE BUSINESS SOLUTIONS 

GROUP, INC. d/b/a PAR FUNDING, et al.,

Defendants.

_______________________________/ 

ORDER GRANTING EMERGENCY EX PARTE MOTION 

FOR TEMPORARY RESTRAINING ORDER AND OTHER RELIEF

THIS CAUSE comes before the Court upon Plaintiff’s Emergency Ex Parte Motion for 

Temporary Restraining Order and Other Relief [ECF No. 14] (“Motion”), filed on July 27, 2020. 

The Motion seeks the following relief with respect to Defendants Complete Business Solutions 

Group, Inc. d/b/a PAR Funding (“Par Funding”), Full Spectrum Processing, Inc. (“Full 

Spectrum”), ABetterFinancialPlan.com LLC d/b/a A Better Financial Plan (“ABFP”), ABFP 

Management Company, LLC f/k/a Pillar Life Settlement Management Company, LLC (“ABFP 

Management”), ABFP Income Fund, LLC (“ABFP Income Fund”), ABFP Income Fund 2, L.P.

(“ABFP Income Fund 2”), United Fidelis Group Corp. (“United Fidelis”), Fidelis Financial 

Planning LLC (“Fidelis Financial”), Retirement Evolution Group, LLC (“Retirement Evolution”), 

Retirement Evolution Income Fund LLC, a/k/a RE Income Fund (“RE Income Fund”), RE Income 

Fund 2 LLC (“RE Income Fund 2”), Lisa McElhone (“McElhone”), Joseph Cole Barleta, a/k/a Joe 

Cole (“Cole”), Joseph W. LaForte, a/k/a Joe Mack, a/k/a Joe Macki, a/k/a Joe McElhone

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(“LaForte”), Perry S. Abbonizio, Dean J. Vagnozzi, Michael C. Furman, and John Gissas, and 

Relief Defendant L.M.E. 2017 Family Trust (“L.M.E. Trust”):

1. a Temporary Restraining Order;

2. an Order to Show Cause Why a Preliminary Injunction Should Not be Granted;

3. an Order Freezing the Assets of Defendants and Relief Defendant;

4. an Order Requiring Sworn Accountings;

5. an Order Prohibiting Destruction of Documents; and

6. an Order Expediting Discovery. 

The Court has reviewed Plaintiff’s Complaint, the Motion, Plaintiff’s exhibits filed in 

support of the Motion, and the Response to Plaintiff’s Ex-Parte Motions for Appointment of a 

Receiver and for an Asset Freeze, submitted on July 28, 2020 by Defendants Par Funding, Full 

Spectrum, McElhone, Cole, LaForte, and L.M.E. Trust. 

The Court finds that Plaintiff has made a sufficient and proper showing in support of the 

relief granted herein by: (i) presenting a prima facie case of securities laws violations by 

Defendants; and (ii) showing a reasonable likelihood the Defendants will harm the investing public 

by continuing to violate the federal securities laws unless they are immediately restrained. The 

Court also finds good cause to believe that unless immediately enjoined by Order of this Court, 

the Defendants may dissipate, conceal or transfer from the jurisdiction of this Court assets which 

could be subject to an Order of Disgorgement. Accordingly, it is hereby 

ORDERED AND ADJUDGED that Plaintiff’s Motion [ECF No. 14] is GRANTED as 

follows:

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I.

SHOW CAUSE HEARING AND TELEPHONIC STATUS CONFERENCE

The Defendants shall show cause, if any, before the Court via a Zoom hearing on 

Tuesday, August 4, 2020 at 3:30 P.M., or as soon thereafter as the matter can be heard, why a 

Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure should not be 

granted against Defendants, as requested by Plaintiff. In advance of the hearing, the Court will 

provide the parties with information on how to join via Zoom. 

Additionally, the Court will hold a telephonic status conference on Monday, August 3, 

2020 at 4:15 P.M. The parties are instructed to call 1-877-402-9753 by no later than 4:10 P.M. 

The access code is 9372453 and the password is 0918. The Court requires that the parties appear 

via a landline (i.e., not a cellular phone or a speaker phone) for clarity.

II.

TEMPORARY RESTRAINING ORDER

A. Section 17(a)(1) of the Securities Act

Pending further Order of the Court, Defendants Par Funding, Full Spectrum, ABFP, ABFP 

Management, ABFP Income Fund, ABFP Income Fund 2, United Fidelis, Fidelis Planning, 

McElhone, LaForte, Cole, Abbonizio, Vagnozzi, and Furman are preliminarily restrained and 

enjoined from violating Section 17(a)(1) of the Securities Act of 1933 (“Securities Act”), 15 

U.S.C. § 77q(a)(1), in the offer or sale of any security by the use of any means or instruments of 

transportation or communication in interstate commerce or by use of the mails, directly or 

indirectly: to employ any device, scheme, or artifice to defraud, by, directly or indirectly (i) 

creating a false appearance or otherwise deceiving any person, or (ii) disseminating false or 

misleading documents, materials, or information or making, either orally or in writing, any false 

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or misleading statement in any communication with any investor or prospective investor, about: 

(A) any investment in securities; (B) the prospects for success of any product or company; (C) the

use of investor funds; (D) the safety of any securities investment; (E) the use of investor funds or 

investment proceeds; (F) Orders issued against the Defendants by state or federal enforcement 

agencies; (G) the financial status of Par Funding; or (H) the management of Par Funding.

As provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 

binds the following who receive actual notice of this Order by personal service or otherwise: (a) 

any of Par Funding, Full Spectrum, ABFP, ABFP Management, ABFP Income Fund, ABFP Income 

Fund 2, United Fidelis, Fidelis Planning, McElhone, LaForte, Cole, Abbonizio, Vagnozzi, or

Furman’s officers, directors, agents, servants, employees, and attorneys; and (b) other persons in 

active concert or participation with Par Funding, Full Spectrum, ABFP, ABFP Management, ABFP 

Income Fund, ABFP Income Fund 2, United Fidelis, Fidelis Planning, McElhone, LaForte, Cole, 

Abbonizio, Vagnozzi, or Furman.

B. Section 17(a)(2) of the Securities Act

Pending further Order of the Court, all Defendants are preliminarily restrained and enjoined 

from violating Section 17(a)(2) of the Securities Act, 15 U.S.C. § 77q(a)(2), in the offer or sale of 

any security by the use of any means or instruments of transportation or communication in 

interstate commerce or by use of the mails, directly or indirectly: to obtain money or property by 

means of any untrue statement of a material fact or any omission to state a material fact necessary 

in order to make the statements made, in light of the circumstances under which they were made, 

not misleading, by, directly or indirectly (i) creating a false appearance or otherwise deceiving any 

person, or (ii) disseminating false or misleading documents, materials, or information or making, 

either orally or in writing, any false or misleading statement in any communication with any 

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investor or prospective investor, about: (A) any investment in securities; (B) the prospects for 

success of any product or company; (C) the use of investor funds; (D) the safety of any securities 

investment; (E) the use of investor funds or investment proceeds; (F) Orders issued against the 

Defendants by state or federal enforcement agencies; (G) the financial status of Par Funding; or 

(H) the management of Par Funding.

As provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 

binds the following who receive actual notice of this Order by personal service or otherwise: (a) 

any of the Defendants’ officers, directors, agents, servants, employees, and attorneys; and (b) other 

persons in active concert or participation with any Defendant.

C. Section 17(a)(3) of the Securities Act

Pending further Order of the Court, all Defendants are preliminarily restrained and enjoined 

from violating Section 17(a)(3) of the Securities Act, 15 U.S.C. § 77q(a)(3), in the offer or sale of 

any security by the use of any means or instruments of transportation or communication in 

interstate commerce or by use of the mails, directly or indirectly: to engage in any transaction, 

practice, or course of business which operates or would operate as a fraud or deceit upon the 

purchaser, by, directly or indirectly (i) creating a false appearance or otherwise deceiving any 

person, or (ii) disseminating false or misleading documents, materials, or information or making, 

either orally or in writing, any false or misleading statement in any communication with any 

investor or prospective investor, about: (A) any investment in securities; (B) the prospects for 

success of any product or company; (C) the use of investor funds; (D) the safety of any securities 

investment; (E) the use of investor funds or investment proceeds; (F) Orders issued against the 

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Defendants by state or federal enforcement agencies; (G) the financial status of Par Funding; or

(H) the management of Par Funding.

As provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 

binds the following who receive actual notice of this Order by personal service or otherwise: (a) 

any of the Defendants’ officers, directors, agents, servants, employees, and attorneys; and (b) other 

persons in active concert or participation with any Defendant.

D. Section 10(b) and Rule 10b-5(a) of the Exchange Act

Pending further Order of the Court, Defendants Par Funding, Full Spectrum, ABFP, ABFP 

Management, ABFP Income Fund, ABFP Income Fund 2, United Fidelis, Fidelis Planning, 

McElhone, LaForte, Cole, Abbonizio, Vagnozzi, and Furman, and their respective directors, 

officers, agents, servants, employees, attorneys, representatives and those persons in active concert 

or participation with them, and each of them, are hereby restrained and enjoined from violating 

Section 10(b) and Rule 10b-5(a) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 

U.S.C. § 78j(b) and 17 C.F.R. § 240.10b-5(a), by using any means or instrumentality of interstate 

commerce, or of the mails, or of any facility of any national securities exchange, in connection 

with the purchase or sale of any security, to employ any device, scheme, or artifice to defraud, by, 

directly or indirectly (i) creating a false appearance or otherwise deceiving any person, or (ii) 

disseminating false or misleading documents, materials, or information or making, either orally or 

in writing, any false or misleading statement in any communication with any investor or 

prospective investor, about: (A) any investment in securities; (B) the prospects for success of any 

product or company; (C) the use of investor funds; (D) the safety of any securities investment; (E) 

the use of investor funds or investment proceeds; (F) Orders issued against the Defendants by state 

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or federal enforcement agencies; (G) the financial status of Par Funding; or (H) the management 

of Par Funding.

As provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 

binds the following who receive actual notice of this Order by personal service or otherwise: (a) 

any of Par Funding, Full Spectrum, ABFP, ABFP Management, ABFP Income Fund, ABFP Income 

Fund 2, United Fidelis, Fidelis Planning, McElhone, LaForte, Cole, Abbonizio, Vagnozzi, or 

Furman’s officers, directors, agents, servants, employees, and attorneys; and (b) other persons in 

active concert or participation with Par Funding, Full Spectrum, ABFP, ABFP Management, ABFP 

Income Fund, ABFP Income Fund 2, United Fidelis, Fidelis Planning, McElhone, LaForte, Cole, 

Abbonizio, Vagnozzi, or Furman.

E. Section 10(b) and Rule 10b-5(b) of the Exchange Act

Pending further Order of the Court, Defendants Par Funding, Full Spectrum, ABFP, ABFP 

Management, ABFP Income Fund, ABFP Income Fund 2, United Fidelis, Fidelis Planning, 

McElhone, LaForte, Cole, Abbonizio, Vagnozzi, and Furman, and their respective directors, 

officers, agents, servants, employees, attorneys, representatives and those persons in active concert 

or participation with them, and each of them, are hereby restrained and enjoined from violating: 

Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and Exchange Act Rule 10b-5(b), 17 C.F.R. 

§ 240.10b-5(b), by using any means or instrumentality of interstate commerce, or of the mails, or 

of any facility of any national securities exchange, in connection with the purchase or sale of any 

security, to employ any device, scheme, or artifice to defraud, by, directly or indirectly (i) creating 

a false appearance or otherwise deceiving any person, or (ii) disseminating false or misleading 

documents, materials, or information or making, either orally or in writing, any false or misleading 

statement in any communication with any investor or prospective investor, about: (A) any 

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investment in securities; (B) the prospects for success of any product or company; (C) the use of 

investor funds; (D) the safety of any securities investment; (E) the use of investor funds or 

investment proceeds; (F) Orders issued against the Defendants by state or federal enforcement 

agencies; (G) the financial status of Par Funding; or (H) the management of Par Funding.

As provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 

binds the following who receive actual notice of this Order by personal service or otherwise: (a) 

any of Par Funding, Full Spectrum, ABFP, ABFP Management, ABFP Income Fund, ABFP Income 

Fund 2, United Fidelis, Fidelis Planning, McElhone, LaForte, Cole, Abbonizio, Vagnozzi, or 

Furman’s officers, directors, agents, servants, employees, and attorneys; and (b) other persons in 

active concert or participation with Par Funding, Full Spectrum, ABFP, ABFP Management, ABFP 

Income Fund, ABFP Income Fund 2, United Fidelis, Fidelis Planning, McElhone, LaForte, Cole, 

Abbonizio, Vagnozzi, or Furman.

F. Section 10(b) and Ruleb-5(c) of the Exchange Act

Pending further Order of the Court, Defendants Par Funding, Full Spectrum, ABFP, ABFP 

Management, ABFP Income Fund, ABFP Income Fund 2, United Fidelis, Fidelis Planning, 

McElhone, LaForte, Cole, Abbonizio, Vagnozzi, and Furman and their respective directors, officers, 

agents, servants, employees, attorneys, representatives and those persons in active concert or 

participation with them, and each of them, are hereby restrained and enjoined from violating 

Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and Exchange Act Rule 10b-5(c), 17 C.F.R. 

§ 240.10b-5(c), by using any means or instrumentality of interstate commerce, or of the mails, or 

of any facility of any national securities exchange, in connection with the purchase or sale of any 

security, to employ any device, scheme, or artifice to defraud, by, directly or indirectly (i) creating 

a false appearance or otherwise deceiving any person, or (ii) disseminating false or misleading 

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documents, materials, or information or making, either orally or in writing, any false or misleading 

statement in any communication with any investor or prospective investor, about: (A) any 

investment in securities; (B) the prospects for success of any product or company; (C) the use of 

investor funds; (D) the safety of any securities investment; (E) the use of investor funds or 

investment proceeds; (F) Orders issued against the Defendants by state of federal enforcement 

agencies; (G) the financial status of Par Funding; or (H) the management of Par Funding.

As provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 

binds the following who receive actual notice of this Order by personal service or otherwise: (a) 

any of Par Funding, Full Spectrum, ABFP, ABFP Management, ABFP Income Fund, ABFP Income 

Fund 2, United Fidelis, Fidelis Planning, McElhone, LaForte, Cole, Abbonizio, Vagnozzi, or 

Furman’s officers, directors, agents, servants, employees, and attorneys; and (b) other persons in 

active concert or participation with Par Funding, Full Spectrum, ABFP, ABFP Management, ABFP 

Income Fund, ABFP Income Fund 2, United Fidelis, Fidelis Planning, McElhone, LaForte, Cole, 

Abbonizio, Vagnozzi, or Furman. 

G. Sections 5(a) and 5(c) of the Securities Act

Pending further Order of the Court, that all Defendants and their respective directors, 

officers, agents, servants, employees, attorneys, representatives and those persons in active concert 

or participation with them, and each of them, are hereby enjoined from violating Sections 5(a) and 

5(c) of the Securities Act, 15 U.S.C. § 77e, by directly or indirectly, in the absence of any 

applicable exemption:

(a) Unless a registration statement is in effect as to a security, making use of any means 

or instruments of transportation or communication in interstate commerce or of the 

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mails to sell such security through the use or medium of any prospectus or 

otherwise;

(b) Unless a registration statement is in effect as to a security, carrying or causing to 

be carried through the mails or in interstate commerce, by any means or instruments 

of transportation, any such security for the purpose of sale or for delivery after sale; 

or

(c) Making use of any means or instruments of transportation or communication in 

interstate commerce or of the mails to offer to sell or offer to buy through the use 

or medium of any prospectus or otherwise any security, unless a registration 

statement has been filed with the Securities and Exchange Commission as to such 

security, or while the registration statement is the subject of a refusal order or stop 

order or (prior to the effective date of the registration statement) any public 

proceeding or examination under Section 8 of the Securities Act, 15 U.S.C. § 77h.

As provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 

binds the following who receive actual notice of this Order by personal service or otherwise: (a) 

any of Defendants’ officers, directors, agents, servants, employees, and attorneys; and (b) other 

persons in active concert or participation with any Defendant.

III.

ASSET FREEZE AS TO PAR FUNDING, MCELHONE, AND LAFORTE 

Pending determination of Plaintiff’s request for a Preliminary Injunction:

A. Defendants Par Funding, McElhone, and LaForte and their respective directors, 

officers, agents, servants, employees, attorneys, depositories, banks, and those persons in active 

concert or participation with any one or more of them, and each of them, who receive notice of 

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this Order by personal service, mail, email, facsimile transmission or otherwise, hereby are 

restrained from, directly or indirectly, transferring, setting off, receiving, changing, selling, 

pledging, assigning, liquidating or otherwise disposing of, or withdrawing any assets or property, 

including but not limited to cash, free credit balances, fully paid for securities, personal property, 

real property, and/or property pledged or hypothecated as collateral for loans, or charging upon or 

drawing from any lines of credit, owned by, controlled by, or in the possession of, whether jointly 

or singly, and wherever located, Par Funding, Lisa McElhone, and Joseph LaForte, a/k/a Joe Mack, 

a/k/a Joe Macki, a/k/a Joe McElhone.

B. Any financial or brokerage institution or other person or entity holding any such 

funds or other assets, in the name, for the benefit or under the control of Defendants Par Funding,

McElhone, or LaForte, directly or indirectly, held jointly or singly, and wherever located, and 

which receives actual notice of this Order by personal service, mail, email, facsimile, or otherwise, 

shall hold and retain within its control and prohibit the withdrawal, removal, transfer, disposition, 

pledge, encumbrance, assignment, set off, sale, liquidation, dissipation, concealment, or other 

disposal of any such funds or other assets.

This asset freeze is limited to the amount received from the securities fraud, which is 

estimated at this time to be $482,000,000.

ASSET FREEZE AS TO FULL SPECTRUM

Pending determination of Plaintiff’s request for a Preliminary Injunction:

Defendant Full Spectrum and its respective directors, officers, agents, servants, employees, 

attorneys, depositories, banks, and those persons in active concert or participation with any one or 

more of them, and each of them, who receive notice of this Order by personal service, mail, email, 

facsimile transmission or otherwise, hereby are restrained from, directly or indirectly, transferring, 

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setting off, receiving, changing, selling, pledging, assigning, liquidating or otherwise disposing of, 

or withdrawing any assets or property of Par Funding, Full Spectrum, McElhone, or LaForte.

This asset freeze is limited to the amount received from the securities fraud, which is 

estimated at this time to be $4,398,535.

ASSET FREEZE AS TO DEFENDANT ABFP, 

ABFP INCOME FUND, AND ABFP INCOME FUND 2 

Pending determination of Plaintiff’s request for a Preliminary Injunction:

A. Defendants ABFP, ABFP Income Fund, and ABFP Income Fund 2, and their

respective directors, officers, agents, servants, employees, attorneys, depositories, banks, and those 

persons in active concert or participation with any one or more of them, and each of them, who 

receive notice of this Order by personal service, mail, email, facsimile transmission or otherwise, 

hereby are restrained from, directly or indirectly, transferring, setting off, receiving, changing, 

selling, pledging, assigning, liquidating or otherwise disposing of, or withdrawing any assets or 

property, including but not limited to cash, free credit balances, fully paid for securities, personal 

property, real property, and/or property pledged or hypothecated as collateral for loans, or charging 

upon or drawing from any lines of credit, owned by, controlled by, or in the possession of, whether 

jointly or singly, and wherever located: ABFP, ABFP Income Fund, and ABFP Income Fund 2.

B. Any financial or brokerage institution or other person or entity holding any such 

funds or other assets, in the name, for the benefit or under the control of Defendants ABFP, ABFP 

Income Fund, and ABFP Income 2, directly or indirectly, held jointly or singly, and wherever 

located, and which receives actual notice of this Order by personal service, mail, email, facsimile, 

or otherwise, shall hold and retain within its control and prohibit the withdrawal, removal, transfer, 

disposition, pledge, encumbrance, assignment, set off, sale, liquidation, dissipation, concealment, 

or other disposal of any such funds or other assets.

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C. This asset freeze is limited to the amounts ABFP, ABFP Income Fund, and ABFP 

Income Fund 2 received from the securities fraud, which is estimated at this time to be:

$25,487,690 as to ABFP Income Fund and ABFP, jointly and severally; $13,252,600 as to ABFP 

Income Fund 2 and ABFP, jointly and severally; and $1,914,045 as to ABFP independent of ABFP 

Income Fund and ABFP Income Fund 2.

ASSET FREEZE AS TO DEFENDANTS UNITED FIDELIS AND FIDELIS FINANCIAL

Pending determination of Plaintiff’s request for a Preliminary Injunction:

A. Defendants United Fidelis and Fidelis Financial, and their respective directors, 

officers, agents, servants, employees, attorneys, depositories, banks, and those persons in active 

concert or participation with any one or more of them, and each of them, who receive notice of 

this Order by personal service, mail, email, facsimile transmission or otherwise hereby are, 

restrained from, directly or indirectly, transferring, setting off, receiving, changing, selling, 

pledging, assigning, liquidating or otherwise disposing of, or withdrawing any assets or property, 

including but not limited to cash, free credit balances, fully paid for securities, personal property, 

real property, and/or property pledged or hypothecated as collateral for loans, or charging upon or 

drawing from any lines of credit, owned by, controlled by, or in the possession of, whether jointly 

or singly, and wherever located: United Fidelis and Fidelis Financial.

B. Any financial or brokerage institution or other person or entity holding any such 

funds or other assets, in the name, for the benefit or under the control of United Fidelis and Fidelis 

Financial, directly or indirectly, held jointly or singly, and wherever located, and which receives 

actual notice of this Order by personal service, mail, email, facsimile, or otherwise, shall hold and 

retain within its control and prohibit the withdrawal, removal, transfer, disposition, pledge, 

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encumbrance, assignment, set off, sale, liquidation, dissipation, concealment, or other disposal of 

any such funds or other assets.

C. This asset freeze is limited to the amounts United Fidelis and Fidelis Financial 

received from the fraud, which is estimated at this time to be: $11,603,000, jointly and severally.

ASSET FREEZE AS TO DEFENDANTS RETIREMENT EVOLUTION, 

RE INCOME FUND, AND RE INCOME FUND 2

Pending determination of Plaintiff’s request for a Preliminary Injunction:

A. Defendants Retirement Evolution, RE Income Fund, and RE Income Fund 2, and 

their respective directors, officers, agents, servants, employees, attorneys, depositories, banks, and 

those persons in active concert or participation with any one or more of them, and each of them, 

who receive notice of this Order by personal service, mail, email, facsimile transmission or 

otherwise, hereby are restrained from, directly or indirectly, transferring, setting off, receiving, 

changing, selling, pledging, assigning, liquidating or otherwise disposing of, or withdrawing any 

assets or property, including but not limited to cash, free credit balances, fully paid for securities, 

personal property, real property, and/or property pledged or hypothecated as collateral for loans, 

or charging upon or drawing from any lines of credit, owned by, controlled by, or in the possession 

of, whether jointly or singly, and wherever located: Retirement Evolution, RE Income Fund, and 

RE Income Fund 2.

B. Any financial or brokerage institution or other person or entity holding any such 

funds or other assets, in the name, for the benefit or under the control of Retirement Evolution, RE 

Income Fund, and RE Income Fund 2, directly or indirectly, held jointly or singly, and wherever 

located, and which receives actual notice of this Order by personal service, mail, email, facsimile, 

or otherwise, shall hold and retain within its control and prohibit the withdrawal, removal, transfer, 

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disposition, pledge, encumbrance, assignment, set off, sale, liquidation, dissipation, concealment, 

or other disposal of any such funds or other assets.

C. This asset freeze is limited to the amounts Retirement Evolution, RE Income Fund, 

and RE Income Fund 2 received from the fraud, which is estimated at this time to be: $6.5 million 

as to Retirement Evolution; $5,450,000 as to RE Income Fund; and $150,000 as to RE Income 

Fund 2.

ASSET FREEZE AS TO DEFENDANT COLE

Pending determination of Plaintiff’s request for a Preliminary Injunction:

A. Defendant Cole and his respective directors, officers, agents, servants, employees, 

attorneys, depositories, banks, and those persons in active concert or participation with any one or 

more of them, and each of them, who receive notice of this Order by personal service, mail, email, 

facsimile transmission or otherwise, hereby are restrained from, directly or indirectly, transferring, 

setting off, receiving, changing, selling, pledging, assigning, liquidating or otherwise disposing of, 

or withdrawing any assets or property, including but not limited to cash, free credit balances, fully 

paid for securities, personal property, real property, and/or property pledged or hypothecated as 

collateral for loans, or charging upon or drawing from any lines of credit, owned by, controlled 

by, or in the possession of, whether jointly or singly, and wherever located: Joseph Cole Barleta, 

a/k/a Joe Cole.

B. Any financial or brokerage institution or other person or entity holding any such 

funds or other assets, in the name, for the benefit or under the control of Cole, directly or indirectly, 

held jointly or singly, and wherever located, and which receives actual notice of this Order by 

personal service, mail, email, facsimile, or otherwise, shall hold and retain within its control and 

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prohibit the withdrawal, removal, transfer, disposition, pledge, encumbrance, assignment, set off, 

sale, liquidation, dissipation, concealment, or other disposal of any such funds or other assets.

C. This asset freeze is limited to the amount Cole received from the fraud, which is 

estimated at this time to be $16,159,000.

ASSET FREEZE AS TO L.M.E. 2017 FAMILY TRUST

Pending determination of Plaintiff’s request for a Preliminary Injunction:

A. Relief Defendant L.M.E. 2017 Family Trust and its respective directors, officers, 

agents, servants, employees, attorneys, depositories, banks, and those persons in active concert or 

participation with any one or more of them, and each of them, who receive notice of this Order by 

personal service, mail, email, facsimile transmission or otherwise, hereby are restrained from, 

directly or indirectly, transferring, setting off, receiving, changing, selling, pledging, assigning, 

liquidating or otherwise disposing of, or withdrawing any assets or property, including but not 

limited to cash, free credit balances, fully paid for securities, personal property, real property, 

and/or property pledged or hypothecated as collateral for loans, or charging upon or drawing from 

any lines of credit, owned by, controlled by, or in the possession of, whether jointly or singly, and 

wherever located: The L.M.E. 2017 Family Trust.

B. Any financial or brokerage institution or other person or entity holding any such 

funds or other assets, in the name, for the benefit or under the control of the L.M.E. 2017 Family 

Trust, directly or indirectly, held jointly or singly, and wherever located, and which receives actual 

notice of this Order by personal service, mail, email, facsimile, or otherwise, shall hold and retain 

within its control and prohibit the withdrawal, removal, transfer, disposition, pledge, encumbrance, 

assignment, set off, sale, liquidation, dissipation, concealment, or other disposal of any such funds 

or other assets.

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C. This asset freeze is limited to the amount the L.M.E. 2017 Family Trust received 

from the fraud, which is estimated at this time to be $14.3 million.

IV.

SWORN ACCOUNTINGS

Accounting and Identification of Accounts by Each Defendant

Within five calendar days of the issuance of this Order, each Defendant, separately, shall:

(a) make a sworn accounting to this Court and the Plaintiff of all funds, whether in the 

form of compensation, commissions, income (including payments for assets, shares or property of

any kind), and other benefits (including the provision of services of a personal or mixed business 

and personal nature) received, directly or indirectly, by the Defendant making the sworn 

accounting; 

(b) make a sworn accounting to this Court and the Plaintiff of all assets, funds, or other 

properties, whether real or personal, held by the Defendant making the sworn accounting, jointly 

or individually, or for its direct or indirect beneficial interest, or over which it maintains control, 

wherever situated, stating the location, value, and disposition of each such asset, fund, and other 

property; and

(c) provide to the Court and the Plaintiff a sworn identification of all accounts 

(including, but not limited to, bank accounts, savings accounts, securities accounts and deposits of 

any kind and wherever situated) in which the Defendant making the sworn accounting (whether 

solely or jointly), directly or indirectly (including through a corporation, partnership, relative, 

friend or nominee), either has an interest or over which he has the power or right to exercise 

control.

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V.

RECORDS PRESERVATION

Pending determination of the Plaintiff’s request for a Preliminary Injunction, all Defendants 

and the Relief Defendant, their directors, officers, agents, servants, employees, attorneys, 

depositories, banks, and those persons in active concert or participation with any one or more of 

them, and each of them, hereby are restrained and enjoined from, directly or indirectly, destroying, 

mutilating, concealing, altering, disposing of, or otherwise rendering illegible in any manner, any 

of the books, records, documents, correspondence, brochures, manuals, papers, ledgers, accounts, 

statements, obligations, files and other property of or pertaining to any and all Defendants and the 

Relief Defendant, wherever located and in whatever form, electronic or otherwise, until further 

Order of this Court.

VI.

EXPEDITED DISCOVERY 

(a) Immediately upon entry of this Order, and while the Plaintiff’s request for a 

Preliminary Injunction is pending, the parties may take depositions upon oral examination of 

parties and non-parties subject to two days’ notice. Should any Defendant fail to appear for a 

properly noticed deposition, that party may be prohibited from introducing evidence at the hearing 

on the Plaintiff’s request for a preliminary injunction;

(b) Immediately upon entry of this Order, and while the Plaintiff’s request for a 

Preliminary Injunction is pending, the parties shall be entitled to serve interrogatories, requests for 

the production of documents and requests for admissions. The parties shall respond to such 

discovery requests within two days of service;

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(c) Immediately upon entry of this Order, and while the Plaintiff’s request for a 

Preliminary Injunction is pending, the parties may issue subpoenas for documents, things and 

electronically stored information to non-parties pursuant to Fed. R. Civ. P. 45, with responses due 

within one week of the date of service;

(d) All responses to the Plaintiff’s discovery requests shall be delivered to Amie Riggle 

Berlin, Esq. at 801 Brickell Avenue, Suite 1950, Miami, Florida 33131 by the most expeditious 

means available; and

(e) Service of discovery requests shall be sufficient if made upon the parties by email, 

facsimile, or overnight courier, and depositions may be taken by telephone or other remote 

electronic means. 

VII.

RETENTION OF JURISDICTION

This Court shall retain jurisdiction over this matter and Defendants and Relief Defendants

in order to implement and carry out the terms of all Orders and Decrees that may be entered and/or 

to entertain any suitable application or motion for additional relief within the jurisdiction of this 

Court, and will order other relief that this Court deems appropriate under the circumstances.

DONE AND ORDERED in Fort Lauderdale, Florida, this 28th day of July, 2020.

RODOLFO A. RUIZ II

UNITED STATES DISTRICT JUDGE

Copies to: Counsel of Record

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