Case 6:18-cv-00862-RBD-DCI Document 242 Filed 12/18/19 Page 1 of 8 PageID 8370 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

ORLANDO DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. Case No. 6:18-cv-862-Orl-37DCI 

MOBE LTD.; 

MOBEPROCESSING.COM, INC.; 

TRANSACTION MANAGEMENT 

USA, INC.; MOBETRAINING.COM; 

9336-0311 QUEBEC INC.; MOBE PRO 

LIMITED; MOBE INC.; MOBE ONLINE 

LTD.; MATT LLOYD 

PUBLISHING.COM PTY LTD.; 

MATTHEW LLOYD MCPHEE; SUSAN 

ZANGHI; and INGRID WHITNEY, 

Defendants. 

ORDER 

Before the Court is Plaintiff Federal Trade Commission’s (“FTC” or 

“Commission”) Consent Motion for Approval and Entry of Stipulated Order for 

Monetary Judgement as to Russell W. Whitney’s Estate. (Doc. 239 (“Motion”).) The FTC 

filed a Complaint for Permanent Injunction and Other Equitable Relief against twelve 

defendants, including Defendant Russel W. Whitney (“Whitney”). (Doc.

(“Complaint”).) The FTC and the personal representative of the estate of Whitney, Ingrid 

Whitney (“Settling Defendant”), now consent to the entry of this Stipulated Order for 

Monetary Judgment to resolve all matters in dispute in this action between them. (Doc. 

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239; Doc. 239-1.) 

Upon the joint motion of the FTC and Settling Defendant, the Court makes the 

following findings and enters judgment in this action as set forth below. 

I. STIPULATED FACTS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Whitney participated in deceptive acts or 

practices in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a). 

3. On or about June 5, 2018, the Court entered a temporary restraining order 

appointing Mark J. Bernet, Esq. as a temporary receiver of the Receivership 

Entities with full powers of an equity receiver (“Receiver”). 

4. On or about February 11, 2019, counsel for Whitney’s estate commenced a 

probate proceeding in the Eleventh Judicial Circuit in and for Miami-Dade 

County, Florida, entitled In re: Estate of Russell Walter Whitney, Case No. 

2019-000631-CP-02 (“Probate Action”). On or about March 21, 2019, the 

court in the Probate Action appointed the Settling Defendant as personal 

representative for the estate of Whitney. On or about June 4, 2019, the FTC 

filed a statement of claim in the Probate Action in the amount of $1,428,616. 

5. As a duly appointed representative of Whitney’s estate, Settling Defendant 

has the authority to enter an agreement on behalf of Whitney’s estate. 

6. Settling Defendant neither admits nor denies any of the allegations in the 

Complaint, except as specifically stated in this Order. Only for purposes of 

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this action, Settling Defendant admits the facts necessary to establish 

jurisdiction. 

7. Settling Defendant waives any claim that she may have under the Equal 

Access to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this 

action through the date of this Order, and agrees to bear her own costs and 

attorneys fees. 

8. Settling Defendant and the FTC waive all rights to appeal or otherwise 

challenge or contest the validity of this Order. 

II. ORDER 

It is ORDERED AND ADJUDGED as follows: 

1. Immediately upon entry of this Order, Settling Defendant is ORDERED to 

surrender to the FTC all control, title, dominion, and interest she has to the 

following assets: 

a. All funds in any accounts in the name of the corporate Defendants. 

b. All funds in any accounts in the name of all other Receivership 

Entities; 

c. All cash or funds transferred to and held by the Receiver, including 

approximately $406,262 repatriated fromCosta Rica by Whitney and 

transferred to the receiver on or around July 30, 2018, and 

approximately $208,068 transferred by Edward Jones to the Receiver 

on or about September 4, 2018; 

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d. All funds in the JPMorgan Chase Bank accounts xxxxxx2099, 

xxxxxx9775, xxxxx8359, xxxxx2188, and xxxxx7977, held in the name 

of Shark Speaker LLC, Wealth Building Technologies (formerly 

known as Expert Media Agency) and Expert Sales Agency, totaling 

approximately $438,377, that were transferred to the Receiver on or 

about June 25, 2018; 

e. All reserve funds or any other accounts held, controlled, or serviced 

by Esquire Bank, N.A. and/or Maverick Bankcard, Inc. and 

associated with any payments processed by, or on behalf of Whitney, 

Settling Defendant, or Wealth Building Technologies (formerly 

known as Expert Media Agency, LLC d/b/a YGP Events), including 

the merchant settlement account or merchant reserve account with 

the MID ending in 0059 (approximately $102,880 as of Maverick 

Bankcard Inc.’s receipt of the Court’s temporary restraining order). 

2. Within seven (7) days upon entry of this Order, Settling Defendant is 

ORDERED to assign, transfer, or convey to the Receiver any claim, interest, 

or right to payment she has to the $45,000 loan made by Whitney and Shark 

Speak LLC to Advisors Education LLC on or about April 16, 2018. 

3. IberiaBank Corporation is ORDERED, within seven (7) days of entry of this 

Order, to transfer certain funds (totaling approximately $182,866) held in 

the following accounts to the Receiver in accordance with instructions 

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provided by the Receiver: the entire balance of Account No. xxxxxxxx6908 

(held in the name of Whitney) and $67,739 out of Account No. 

xxxxxxxx5738 (held in the name of Shark Speaker LLC). The remainder of 

the balance of Account No. xxxxxxxx5738 shall be unfrozen pursuant to 

paragraph 14 below. 

4. Applied Bank is ordered, within seven (7) days of entry of this Order, to 

transfer all funds (totally approximately $9,005) held in the following 

account to the Receiver in accordance with instructions provided by the 

Receiver: Account No. xxxxxx7207 (held in the name of Whitney). 

5. JPMorgan Chase Bank, N.A., is ORDERED, within seven (7) days of entry 

of this Order, to transfer all funds (totally approximately $13,415) held in 

the following accounts to the Receiver in accordance with instructions 

provided by the Receiver: Account Nos. xxxxxx8607 and xxxxxx8677 (held 

in the name of Whitney). 

6. Coinbase.com is ORDERED, within seven (7) days of entry of this Order, 

to transfer to the Receiver in accordance with instructions provided by the 

Receiver all funds or currencies, including virtual currencies held in the 

account opened in the name of Whitney. 

7. Settling Defendant is ORDERED to fully cooperate with the Receiver, 

JPMorgan Chase Bank, N.A., IberiaBank Corporation, Applied Bank, 

Coinbase.com, Advisors Education LLC, and Maverick Bankcard Services, 

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including promptly signing any document necessary to transfer such funds 

held by these persons or entities to the Commission. Upon the transfer of 

all funds in the above accounts to the Receiver, the Settling Defendant’s 

obligations with regard to this paragraph shall be deemed completed. 

8. Settling Defendant relinquishes dominion and all legal and equitable right, 

title, and interest in all assets transferred pursuant to this Order and may 

not seek the return of any assets. 

9. Upon the Settling Defendant’s completion of her performance of 

obligations required under paragraphs 1, 2, and 7, the FTC shall within 

seven (7) days of such time withdraw its statement of claim in the Probate 

Action. 

10. The facts alleged in the Complaint will be taken as true, without further 

proof, in any subsequent civil litigation by or on behalf of the FTC, 

including in a proceeding to enforce its rights to any payment or monetary 

judgment pursuant to this Order, such as a nondischargeability complaint 

in any bankruptcy case. 

11. The facts alleged in the Complaint establish all elements necessary to 

sustain an action by the Commission pursuant to Section 523(a)(2)(A) of the 

Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have 

collateral estoppel effect for such purposes. 

12. Settling Defendant acknowledges that Whitney’s Taxpayer Identification 

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Number (Social Security Number), which Whitney previously submitted to 

the FTC, may be used for collecting and reporting on any delinquent 

amount arising out of this Order, in accordance with 31 U.S.C. § 7701. 

13. All money paid to the Commission pursuant to this Order may be 

deposited into a fund administered by the Commission or its designees to 

be used for equitable relief, including consumer redress and any attendant 

expenses for the administration of any redress fund. If a representative of 

the Commission decides that direct redress to consumers is wholly or 

partially impracticable or money remains after redress is completed, the 

Commission may apply any remaining money for such other equitable 

relief (including consumer information remedies) as it determines to be 

reasonably related to Defendants’ practices alleged in the Complaint. Any 

money not used for such equitable relief is to be deposited to the U.S. 

Treasury as disgorgement. Settling Defendant has no right to challenge any 

actions the Commission or its representatives may take pursuant to this 

paragraph. 

14. The asset freeze is modified to permit the payments identified in 

paragraphs 2 through 6. Upon completion of all such payments, the asset 

freeze is dissolved as to the Settling Defendant. 

15. Settling Defendant Ingrid Whitney is DIRECTED, within seven (7) days of 

entry of this Order, to submit to the Commission an acknowledgment of 

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/ ROY B. DALTON JR ud 

United States Dist:nct J ge 

Case 6:18-cv-00862-RBD-DCI Document 242 Filed 12/18/19 Page 8 of 8 PageID 8377 

receipt of this Order sworn under penalty of perjury. 

16. The Court RETAINS jurisdiction of this matter for purposes of 

construction, modification, and enforcement of this Order. 

17. The Clerk is DIRECTED to enter judgment for disgorgement of the assets 

described above in favor of Plaintiff Federal Trade Commission and against 

Defendant Ingrid Whitney. 

18. The Clerk is DIRECTED to terminate Defendant Ingrid Whitney. 

DONE AND ORDERED in Chambers in Orlando, Florida, on December 18, 2019. 

Copies to: 

Counsel of Record 

Pro se party 

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